The Farrell Zoning Hearing Board will ask a judge at an upcoming hearing to dismiss an appeal of one of its decisions.

A hearing in Pentecostal House of Prayer's appeal of the board's decision to allow construction of an office, indoor kennel and retail store in Farrell by the Humane Society of Mercer County has been set for 2 p.m. Nov. 27 before Mercer County Common Pleas Judge Thomas R. Dobson.

Board solicitor Robert Tesone said he will argue that the congregation does not have standing to file the appeal because no one from the congregation attended a Sept. 20 board hearing.

In its appeal, the church, 725 Fruit Ave., said the property was not posted with notice of the hearing, or was improperly posted.

Tesone disagreed, saying the property at the northeast corner of Roemer Boulevard and Fruit Avenue was properly posted and a legal notice was published twice. He said city zoning officer Mark Yerskey could testify to the posting and advertising.

While the congregation argued other problems with the decision -- it was not supported by evidence and the board failed to determine that the building would not adversely affect the health, safety, morals and general welfare of the area -- Tesone said he would not answer those charges unless the judge fails to dismiss the appeal.

Members of the congregation, including co-pastor the Rev. Letitia Banks, and others protested the board's decision at an Oct. 7 city council meeting, complaining of the potential noise and odor from the kennel, and saying it was not proper to have a kennel in a commercial zone.

Meanwhile, the society is continuing to look at other properties for a site, but has not ruled out the Farrell site, said President Richard Harakal.