Popcorn, Meet Butter

As part of my effort to unpack the news I missed while losing weight during the Thanksgiving break, here are a couple remarkable news items regarding the latest in the Pike v. Idexx et al. conflict (here and here).

A few quick thoughts:

The Plouffe Report has been a game-changer
In September, Idexx lawyer Bill Plouffe presented a report alleging Pike Industries (and Blue Rock Industries) have illegally operated the quarry in question since 1968. Besides evidently knocking Pike on its heels and forcing them to prove the legitimacy of their presence on Spring Street, it has (temporarily, at least) undermined Pike's main contention and sympathy point regarding their expansion: They were here first and had been a lawful taxpayer in the city long before those snotty-nosed geeks at Idexx got all uppity.

Or something like that.

Despite its efforts to avoid court, it appears the City of Westbrook will be sued--again
If the Westbrook City Council approves a zoning change that would effectively kill Pike's desired expansion, Pike says it will have little choice but to sue Westbrook (the company claims such a decision would cost them $620 million in lost revenue).

Now, I'm certainly not a lawyer (nor did I stay in a Holiday Inn last night), but it seems their rationale for a lawsuit is flawed. The PPH:

If the city prevents Pike from developing its property, the [Pike] press release said,
it would be violating state laws that prevent the use of eminent domain to
condemn privately owned property for the benefit of another business entity.

[snip]

'Pike believes that the city would be violating this important legal safeguard
if it attempts to limit Pike's use of the property for the benefit of
Idexx,' the release said. The council has not talked about using the power
of eminent domain in relation to the property, and it is unclear whether
Pike is suggesting in its news release that the zoning change would be
tantamount to an eminent-domain action.

On the other hand, if the City Councilors continue to stand pat and wait for the two sides to come to a, um, compromise, a lawsuit is being threatened from the anti-Pikers. The AJ:

According to [WPME-TV general manager Doug] Finck, even if the city wants to
avoid a legal battle with Pike by allowing them to expand, it’s still going to
end up in court. “Do you want to be sued by Pike or do you want to be sued by
somebody else?” he said.

Somehow I suspect those at 2 York Street and Room 114 hope that's a trick question.

- John C.L. Morgan

Full disclosure: My wife is employed by Idexx.

Fine Print

Though the City of Westbrook's agreement with Casella on recycling received prominent attention in today's PPH, there was an equally intriguing piece of Westbrook news, even if it was buried in today's Business section.

According to the brief write-up, Idexx announced yesterday that they're now planning to "invest more than $168 million into its Westbrook facility over a 20-year period," a figure which would represent a 31% increase over its initial projected investment of $128 million in 2006.

Considering Idexx had halted its expansion on Eisenhower Drive in early spring and that a company spokesman had ruminated about there being "lots of business parks in the Greater Portland area," could such a bullish investment be a hint of a resolution to the Idexx-Pike conflict? Or perhaps this is an attempt by Idexx to increase the size of the carrot dangling in front of York Street's eyeballs.

- John C.L. Morgan

Full Disclosure: My wife is employed by Idexx.

Pike Awarded I-295 Contract

According to the Portland Press Herald, Pike Industries was awarded a $28.5 million contract to rebuild 18 miles of I-295 this summer. The contract was awarded by the Maine Department of Transportation.

- John C.L. Morgan

Quote of the Day

"But, let's be honest, light industry or heavy, and with all due respect who punch a clock on Eisenhower Drive, Maine's scenic coast it is not." -- American Journal editor Brendan Moran, poking fun at Idexx Laboratories' contention that the construction of a nearby asphalt plant by Pike Industries would ruin the, um, bucolic nature of the Five Star Industrial Park, and therefore make it more difficult for the lab to recruit top scientists from across the country.

- John C.L. Morgan

P.S. Full disclosure: My wife works at Idexx. And I hope I don't get her fired.