An appeal filed by the owners of a farm market in Tamaqua was scheduled to go before the West Penn Township's Zoning Hearing Board this week.

However, the matter on the appeal filed by Steven and Valerie Dunn, owners of Dunn's Farm Market, was dismissed due to lack of jurisdiction, according to zoning board solicitor Holly Heintzelman.The board was scheduled to hold the hearing on an appeal filed by the Dunns. However, it was determined that the zoning board was not the proper party to hear it, Heintzelman said.Heintzelman said the Dunns were cited by the township zoning/code officer for having numerous plants and display items at their stand located at the intersection of routes 443 and 309 beyond the areas agreed to by the parties.The property is located in a Highway Commercial Zoning District.Heintzelman said the citations pertain to the Dunns having placed skids with large pumpkins along the curb line, which was not part of the agreement, and that parking spaces are not being painted with white delineated paint chalk or other markings.But Heintzelman said the matter was dismissed for lack of jurisdiction after both attorney Michael Greek, on behalf of the Dunns, and township solicitor Gretchen Stearns, on behalf of the township, indicated the board lacked jurisdiction.As a result, Heintzelman said the decision of the board was to dismiss the matter.Heintzelman said that Stearns, on behalf of the township, on Monday filed an enforcement notice in the Schuylkill County Court.The motion is to enforce the stipulation, and impose fines and costs, that will go before the county court, Heintzelman said.