The Supreme Court announced that it will consider three new matters. Two of those involved grants of certification, while the third was an appeal as of right. The appeal as of right is State v. Fair. The question presented, as phrased by the Supreme Court Clerk’s office, is “Is the portion of the terroristic threats statute, N.J.S.A. 2C:12-3(a), which criminalizes a threat to commit a crime of violence made ‘in reckless disregard of the risk of causing . . . terror,’ unconstitutionally overbroad and did the jury instructions fail to ensure a unanimous verdict?”...

Asphalt Paving Systems, Inc. v. The Borough of Stone Harbor, ___ N.J. Super. ___ (App. Div. 2022). This opinion by Judge Fisher today consumed only six pages. The issue was a relatively simple one: whether the requirement of N.J.S.A. 52:25-24.2 that a business entity that bids on a public contract submit “a statement setting forth the names and addresses” of the individuals owning more than ten percent of the entity means that home addresses of those persons must be supplied. Affirming the Law Division, the Appellate Division held that home addresses are not required. Instead,...

Carelli v. Borough of Caldwell, ___ N.J. Super. ___ (App. Div. 2022). N.J.S.A. 40A:9-138 deals with the removal of a municipal administrator from office. The statute provides for a resolution of removal by the governing body that is to become effective three months after its adoption by that body. But there is a proviso: “provided, however, that the governing body shall cause to be paid to the administrator forthwith any unpaid balance of his salary and his salary for the next 3 calendar months following adoption of the resolution.” Plaintiff Carelli, the municipal administrator...