Pike Indus., Inc. v. City of Westbrook

This appeal concerned 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. appealed from the approval and entry of the consent decree in the business and consumer docket as a final judgment in Pike's Me. R. Civ. P. 80B appeal and the City's Me. R. Civ. P. 80K counterclaim. The Supreme Court (1) affirmed as to the court's denial of an evidentiary hearing and its determination that the City had the authority to settle this litigation through a consent decree declaring Pike's operation of a quarry on its property to be a grandfathered use under the City's zoning ordinance; and (2) otherwise vacated the judgment relating to the detailed performance and use standards adopted by the consent decree that would supersede otherwise applicable provisions of the City's zoning ordinance. View "Pike Indus., Inc. v. City of Westbrook" on Justia Law