Pike Industries has withdrawn its site plan to construct an asphalt plant on its Spring Street property, but not because it’s giving up on the project.

According to Jonathan Olson, Pike’s regional manager, the company believes it has the right to build the asphalt plant without having to get a special exception from the city. Code Enforcement Officer Rick Gouzie has been charged with determining what the company’s rights are – a decision he said he will make Friday.

Gouzie’s interpretation of Pike’s rights could factor into another decision coming up soon, as well. The City Council will vote Monday on whether to rezone Pike’s property from industrial to light manufacturing, which would also prevent the asphalt plant from being built.

Regardless of the decisions made this week by Gouzie and the council, determining Pike’s future in Westbrook is still a while away.

At a Committee of the Whole meeting earlier this month, City Solicitor Bill Dale explained that a two-pronged process is under way to resolve a debate that began in March, when Mayor Bruce Chuluda proposed rezoning the Five Star Industrial Park and areas around it, including Pike’s Spring Street property, to light manufacturing.

When Pike applied to move its asphalt plant from Main Street to Spring Street, neighboring high-tech businesses, including Idexx Laboratories, opposed the expansion, claiming the city had sold them on a vision of more light industry moving into the area when they decided to locate there. That’s when Chuluda came forward with his proposal.

The Committee of the Whole, which is made up of all seven councilors, voted unanimously earlier this month to refer the rezoning to the City Council. The councilors’ vote Monday will be to refer the proposal to the Planning Board for a recommendation, before it returns to them for a final decision.

At the same time, the attorneys for Pike and Idexx have presented opposing arguments about Pike’s right to expand its operations on Spring Street. Idexx has even argued that Pike isn’t permitted to be operating as it is now. That’s where Gouzie comes in.

According to Dale, one or both parties will likely oppose Gouzie’s decision regarding Pike’s rights, which could land the case in a two-year court battle.

Idexx representatives could not be reached for comment this week.

Another factor in the debate is the future of Pike’s Main Street property. If allowed to move its asphalt plant to Spring Street, Pike said it would shut down its Main Street operations and build a mixed-use development, with housing, restaurants and retail stores. Olson said he hopes that proposal is what sways the council Monday.

Chuluda, however, said the rezoning of Spring Street and the Main Street development are “mutually exclusive.”

Olson insists that’s not the case because if Pike can’t move its asphalt plant, it will have to keep operating on Main Street, thus preventing redevelopment of the property. However, he said, he’s willing to work with the city to find another piece of land to move the plant to – something Chuluda said he’d be willing to talk about with Pike.

“The idea is to come up with something that works for everyone, as opposed to something that just works for Idexx,” Olson said Tuesday.

But before a compromise can be met or decisions by Gouzie and the council are made, Olson said, Pike will continue to move forward with its plans to move the asphalt plant to Spring Street.