PIKE INDUSTRIES, INC. v. CITY OF WESTBROOK

Docket: BCD-11-89.

45 A.3d 707 (2012)

2012 ME 78

PIKE INDUSTRIES, INC. v. CITY OF WESTBROOK, et al.

Supreme Judicial Court of Maine.

Decided: June 14, 2012.


Attorney(s) appearing for the Case

David W. Bertoni, Esq. (orally), Daniel A. Nuzzi, Esq. , and David Swetnam-Burland, Esq. , Brann & Isaacson, Lewiston, for appellant Artel, Inc.

David P. Silk, Esq. , Curtis Thaxter Stevens Broder & Micoleau LLC, Portland, for appellant Smiling Hill Farm.

Anthony W. Buxton, Esq. , Sigmund D. Schutz, Esq. (orally), and William D. Hagedorn, Esq. , Preti Flaherty, LLP, Portland, for appellee Pike Industries, Inc.

Natalie L. Burns, Esq. (orally), and William H. Dale, Esq. , Jensen Baird Gardner & Henry, Portland, for appellees City of Westbrook, Westbrook Zoning Board of Appeals, and Richard Gouzie.

William L. Plouffe, Esq. , Drummond Woodsum , Portland, on the briefs, for appellee Idexx Laboratories, Inc.

David A. Lourie, Esq. , Cape Elizabeth , on the briefs, for amicus curiae Birdland Neighborhood Alliance.

Panel: SAUFLEY, C.J., and ALEXANDER, LEVY, SILVER, MEAD, GORMAN, and JABAR, JJ.


LEVY, J.

[¶ 1] This appeal concerns a consent decree entered into by the City of Westbrook, Pike Industries, Inc., and intervenor IDEXX Laboratories, Inc. to settle a land use dispute arising from Pike's operation of a quarry in Westbrook. Intervenors Artel, Inc. and Smiling Hill Farm, Inc. appeal from the approval and entry of the consent decree in the Business and Consumer Docket (Humphrey, C.J.) as a final judgment...

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