WESTBROOK — A group of residents in the Birdland neighborhood filed a lawsuit against the city today, asking a judge to invalidate a proposed consent agreement that will allow Pike Industries to mine its quarry on Spring Street.

The suit, filed in Cumberland County Superior Court, contends that the agreement approved by the City Council on Sept. 8 creates a “spot zone for Pike,” which violates the city’s zoning ordinance and the zoning enabling act.

“Pike Industries, with the acquiescence of Idexx and the city, have created a contract zone without going through the contract zone
mechanisms under state law,” David Lourie, the lawyer who represents Birdland Neighborhood Alliance, said in an interview. “The neighbors of Birdland are very angry that their interests have been superseded by the interests of the City Council in getting rid of the lawsuit, that was brought by Pike against the city for enforcing its zoning.”

Pike sued the city last year, claiming it should be allowed to mine its quarry off Spring Street because city officials had permitted it for years. After months of negotiations, the city reached an agreement with Pike and Idexx Laboratories, an intervenor in the court case.

Two other intervenors in the case oppose the deal. Representatives of Artel and Smiling Hill Farm have said the consent agreement is deeply flawed and was rushed in front of the council.

Residents in the Birdland neighborhood, which is near the quarry at the Five Star Industrial Park, have been outspoken opponents of Pike’s quarrying.

The proposed consent agreement would limit Pike to eight blasts a year, cap the intensity of the explosions and restrict truck traffic to an
average of 45 vehicles a day. It also would prevent Pike from operating an asphalt or concrete plant at its maintenance facility at 750 Spring St.

Justice Thomas Humphrey decided on Sept. 9 to postpone the trial in Pike’s lawsuit against the city so he can review the proposed consent agreement.

 

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