Opponents of a rezoning needed to move a soup kitchen from the St. Patrick Church to a proposed new building on North Mulberry Street are challenging a finding that referendum petitions did not have enough valid signatures.

The Miami County Board of Elections discussed an official protest letter Thursday with representatives of the soup kitchen and the opponents before setting a Jan. 31 protest hearing.

The protest letter was filed by Dayton lawyer David Williamson on behalf of Ken and Rosaleen Rayman and Harold and Jean Melvin, all who live in historic district near the proposed new soup kitchen site.

The Troy City Council in September voted to rezone property near North Mulberry and East Water streets to a business designation that would allow a soup kitchen.

The current soup kitchen has operated two blocks to the east at the church property for more than 15 years. Soup kitchen supporters want to build a larger facility with money from local foundations and ITW corporation.

Greg Taylor, representing the volunteer soup kitchen board, said the protest does not have merit and plans are moving forward.

“It is disconcerting that the petitioners have hired a lawyer and continue to oppose the rezoning and the soup kitchen. These are times when we need to support the work of non-profits like the St. Patrick Soup Kitchen, not file protests in opposition,” Taylor said.

The opponents said they don’t oppose the kitchen’s work, but think the location is inappropriate.

In the protest, the opponents state they reviewed the signatures disqualified and think several are valid. They also challenge use of the temporary employees to check signatures and say they were given three different numbers from election staff on how many people voted in the November 2010 gubernatorial election. That number is used to calculate signatures needed on a referendum petition.

“How can we get the right number (of signatures) when we don’t know the right number?” Rosaleen Rayman said.