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Pike Compromise Accepted in Westbrook: Superior Court Approves Westbrook, Pike, IDEXX Consent Order

PORTLAND, ME (November 23, 2010) – Preti Flaherty announced today the issuance of a critical court decision in a lengthy and complex lawsuit involving its client, Pike Industries of Westbrook, Maine against the City of Westbrook and IDEXX. The Cumberland County Superior Court on Monday approved the Consent Order that was proposed by Pike, IDEXX and Westbrook and presented to the court on September 9, 2010, followed by a hearing on November 9, 2010. Justice Humphrey's November 22^nd decision effectively ends a nearly three-year dispute centering on Pike's plans to operate its Spring Street Quarry in the Five Star Industrial park.

Under the terms of the Consent Agreement, approved by the court, all litigation involving Westbrook, Pike and IDEXX is resolved.

According to Preti Flaherty attorney Anthony Buxton, counsel to Pike Industries, "This is a tremendous victory for the citizens of Westbrook and for the parties who worked to craft a compromise. This effectively ends the dispute between Pike, the City of Westbrook and IDEXX." Buxton added, "We give credit to the leadership of the City of Westbrook, particularly Mayor Hilton and the City Council, as well as to IDEXX, who participated in months of negotiations to develop the Consent Agreement."

The Consent Agreement requires Pike to adhere to strict performance limitations, making Spring Street Quarry the most tightly-regulated quarry in New England. Those limitations include a cap on the number of blasts, restrictions on the magnitude of blasting, limits on truck traffic, and various other improvements to the Quarry. The Quarry would be allowed only eight production blasts per year. The cost to Pike to complete the improvements required by the agreement is over $1 million.

"The real heroes here are the citizens of Westbrook who insisted that their city government keep both IDEXX and Pike working in Westbrook," said Buxton. "By signing and mailing nearly 3000 postcards to city councilors, and making countless phone calls and statements, these citizens insisted that a compromise be found. This led Mayor Hilton to establish the Quarry Steering Committee, which adopted the restrictions which formed the bulk of the consent agreement. This is a case of government working as the people wish. The citizens of Westbrook should be very proud," Buxton said.

According to Jonathan Olson, Regional Manager, Pike Industries, "We are very pleased to learn that the Court has approved the Consent Order we worked so diligently to create. This agreement is a unique solution that will allow Pike and IDEXX to continue to operate and grow in Westbrook. We are pleased to have used science and good negotiations to achieve this result. We have continuously worked with our neighbors, and even opponents, to keep Westbrook's best interests in mind, and believe we have been successful in achieving this balance. We are grateful to the Mayor, the City Manager, the citizens of Westbrook, and Jonathan Ayers and Dick Daigle of IDEXX, who worked to find a unique solution for a unique property. It will allow Pike to continue operating here while serving our customers and contributing to the City's economic growth."

Background and Consent Order Details:

Pike Industries and IDEXX worked tirelessly to negotiate a compromise with the City of Westbrook that addressed the concerns of business and residential neighbors. Using state-of-the-art quarry technology, the Consent Order includes the following points:

· Pike will not seek to build an asphalt plant or concrete plant on either side of Spring Street as Pike had originally proposed.

· Pike will not operate a quarry on half of the property it owns on Spring Street, the half closest to IDEXX.

· Pike will operate its Spring Street Quarry, adhering to stringent limits on sound and vibration, and may blast no more than eight production blasts per year. Previously, Pike had blasted as much as two to three times per week at Spring Street.

· Pike will limit all blast magnitudes to substantially lower levels than occurred historically at the Quarry, and to one-quarter of the legal limit.

· Pike will eliminate any dust.

· Pike will greatly reduce the visual impact of the Quarry on the Five Star Industrial Park by building new and larger berms, fences and buffers to screen the Quarry from the surrounding area.

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