Stoneback v. Zoning Hearing Board of Upper Saucon Township

MIRARCHI, Jr., Senior Judge.

William D. and Cheryll G. Stoneback (Stonebaeks) appeal from an order of the Court of Common Pleas of Lehigh County which affirmed the determination of the Zoning Hearing Board of Upper Saucon Township (Board) that they were precluded from proceeding with their zoning application under the doctrines of res judicata and collateral estoppel.

The Stonebaeks own approximately ten acres of land located within the Agricultural Preservation zoning district in Upper Saucon Township (Township). In June 1990, the Township issued a notice of zoning violation, stating that the…