Pike Industries appears to be losing its battle with the city’s Zoning Board, which has indicated it doesn’t believe the company had a grandfathered right to quarry on Spring Street.

The board gave its first indication that it would likely overturn Code Enforcement Officer Rick Gouzie’s decision regarding Pike’s rights to quarry on its Spring Street property at a meeting on June 10. The board is scheduled to take its official vote at a meeting on July 22.

“Pike has not established a legal existing non-conforming use,” Zoning Board member Aaron Burns said at the meeting last week – and his fellow board members agreed.

Regardless of the board’s decision, both Pike and Westbrook Works, the group opposed to Pike’s proposed expansion, fully expect the matter to be settled in court.

Pike and Westbrook Works both appealed Gouzie’s decision that ruled Pike had the right to continue quarrying on Spring Street but not to add an asphalt or concrete plant. While Pike argued that it had the right to expand, Westbrook Works claimed the company shouldn’t be allowed to quarry at all.

Pike’s attorney, Sigmund Schutz, characterized the issue as one of the most difficult and complex matters to come before any municipal board he’s seen. However, he said, the board is only looking at a small part of the issue – whether Pike legally has a grandfathered right to quarry – and there will be much more to hash out in the courtroom.

“They’re not even looking at a number of issues Pike has raised,” Schutz said Wednesday, like the fact that the city has knowingly allowed quarrying at the site for the past 40 years.

The board said issues such as the fairness of the situation and the historical precedent were not in its purview.

“The rest of it will be decided by someone else,” Burns said.

The board asked its attorney, Ralph Austin, to write up the findings of fact to be voted on in July.

If the board does vote to overturn Gouzie’s decision regarding Pike’s right to quarry, for Westbrook Works, “it’s a step in the right direction,” said Dick Daigle, director of facilities management for Idexx, a leader in Pike’s opposition.

Meanwhile, the Westbrook Planning Board met Tuesday to continue its discussion about rezoning land between Saco and Spring streets, including Pike’s property, from industrial to light manufacturing – a proposal by the mayor that could also prevent Pike from expanding.

Both Pike and Westbrook Works say it will be a while before the matter is resolved, regardless of what both city boards decide.

Schutz said in any outcome, he expects the issue to be appealed to superior court and then to the Maine Supreme Judicial Court.

“It’s not going to be over until the last dog dies,” he said.

But Daigle said he hopes once the court does make a determination about the debate, which is largely centered on ordinances and permits doled out 40 years ago, “it’ll be the end of it.”