Approved Opinions for the Week of July 3, 2017

17-2-3548 State of N.J., Dep’t of Envtl. Prot. v. N. Beach 1003, LLC, (consolidated) N.J. Super. App. Div. (Gibson, J.A.D.) (49 pp.) These consolidated appeals present the questions whether the New Jersey Department of Environmental Protection (DEP) has the authority to condemn private property to take perpetual easements for shore protection purposes and whether the easements can allow public access to, and use of, the areas covered by the easements. We hold that the DEP has such authority and the easements that allow for publicly funded beach protection projects can include public access and use. Thus, we affirm the trial court’s final judgments finding that the DEP properly exercised its power of eminent domain and appointing commissioners to determine the value of the takings. (Approved for Publication)

20-3-3621 Sacklow v. Betts, N.J. Super. Ch. Div. (Silva, J.S.C.) (17 pp.) This opinion addresses an issue of first impression before the court; the standard to apply to a transgender minor child’s name change application. The court finds that the best interest of the child standard should govern the court’s decision and that the following factors should be considered when determining whether a name change is in the minor child’s best interest, where the minor child is transgender and wishes to assume a name they believe corresponds to the gender they identify with: (1) the age of the child; (2) the length of time the child has used the preferred name; (3) any potential anxiety, embarrassment or discomfort that may result from the child having a name he or she believes does not match his or her outward appearance and gender identity; (4) the history of any medical or mental health counseling the child has received; (5) the name the child is known by in his or her family, school and community; (6) the child’s preference and motivations for seeking the name change; and (7) whether both parents consent to the name change, and if consent is not given, the reason for withholding consent. After analyzing these factors in light of the testimony and facts presented in the case before the court, plaintiff’s motion to legally change Veronica’s name to Trevor was granted. (Approved for Publication)