However, company, city say they are close to an agreement.

WESTBROOK–Pike Industries planned on Wednesday to file a lawsuit challenging a Westbrook zoning change approved last month that made the company’s quarrying operation on Spring Street illegal.

However, Pike attorney William Hagedorn said that Pike and the city are “very close” on a compromise agreement that would allow the company to continue operating at the site with some restrictions, making the lawsuit moot.

The only reason the company was making the court filing was to preserve its legal right to appeal the decision the City Council approved on June 7 that rezoned the Five Star Industrial Park and land around it from industrial to manufacturing, Hagedorn said. The company had 30 days to appeal the decision in court and was expected to do so on the afternoon of Wednesday, July 7, after the American Journal’s deadline.

“Pike waited as long as it could to file an appeal, but without a final agreement in place, Pike has no choice but to take this action to protect its rights,” Hagedorn said in an e-mail to the American Journal. “Pike remains optimistic, however, that an agreement with the city will be finalized in the near future.”

City Administrator Jerre Bryant had said he wouldn’t be surprised if Pike filed an appeal to preserve its option to do so. He agreed this week that an agreement appears close. “I think we’re moving forward pretty aggressively and dare I say successfully,” he said. “It’s not a done deal but we’re getting closer everyday.”

Negotiations involving the city, Pike, neighboring Idexx Laboratories – a leading opponent of blasting at the quarry – and other businesses have been ongoing for months. Pike previously filed a lawsuit against the city and the businesses in Maine Business Court, but has agreed to drop the suit if a compromise can be reached.

Dick Daigle, facilities manager for Idexx, said an agreement has been drafted but the businesses have yet to submit their full comments on it.