PORTLAND — A Cumberland County Superior Court justice Wednesday granted Pike Industries' request to stay a "cease and desist" order and allow quarrying operations to continue at Pike's Spring Street quarry in Westbrook.
The decision by Justice Thomas Humphrey allows Pike to crush rock, and to excavate and remove previously blasted rock and material at the site.
Westbrook had issued the stop-work order on Nov. 7 to prevent removal of existing stockpiles of crushed rock.
Pike had asked the court for a stay until the full court can hear its case.
"We view today's decision as a victory for the company and a vindication of our position," said Jonathan Olson, the company's regional manager.
"We've believed all along that the city has overstepped its bounds, and we've offered many times to compromise and work together on an equitable solution. But the city seems intent on pushing Pike out."
Humphrey's decision prohibits Pike from blasting to create additional crushed rock at the quarry.
Pike has been using only stockpiled material at the quarry in 2009.
"Today's decision is not a vindication of anything," William Plouffe, who represents a group of businesses called Westbrook Works, which opposes Pike's expansion plans, said Wednesday night.
Plouffe is also an attorney for Iddex, which joined the city in court efforts to block the company from expanding its Spring Street quarry operations.
Plouffe said Humphrey's ruling is preliminary and only preserves the status quo.
A pending hearing and trial regarding some of the major issues in the dispute won't take place for another six months, he said.
The Westbrook Planning Board voted Tuesday to recommend rezoning the industrial park where the quarry is located, a move that would effectively prohibit Pike from using the property.
The Westbrook City Council is expected to take final action on the rezoning on Dec. 7.
Staff Writer Dennis Hoey can be contacted at 791-6365 or at:
dhoey@pressherald.com
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