On this date in 1965, the Supreme Court decided Tidewater Oil Co. v. Mayor & Council of Borough of Carteret, 44 N.J. 338 (1965), a municipal land use case.  That is still the leading case on the question of the extent to which a question of constitutional law allows a party to pursue an appeal to the Supreme Court as of right, as opposed to on a petition for certification, whose grant is discretionary with the Supreme Court.  Subsequent cases have addressed that issue as well, but Tidewater is the foundation for those decisions. As the Court’s per curiam opinion noted, the New...

The Supreme Court announced late today that it has granted certification in In re Application for Permit to Carry a Handgun of Calvin Carlstrom.  The question presented on that appeal, as phrased by the Supreme Court Clerk’s office, is “Among other issues, was petitioner entitled to a hearing on his application for a permit to carry a handgun?”  The Law Division denied the applicant, a security guard for AMC Movie Theaters, a permit to carry a gun in that capacity.  There was no hearing in that court.  A two-judge panel of the Appellate Division affirmed in an unpublished...

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