Jury’s decision lays groundwork for Oswego Lake opening up to the public
PORTLAND, Ore. (KOIN) — The general public is one step closer to getting access to Oswego Lake in Clackamas County.
For more than a decade, the waters of Oswego Lake have been limited to property owners who surround the lake. But after a lengthy court trial, a judge could decide soon if the public has a right to access it.
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On Friday, a jury found there’s no reasonable basis to restrict public access at Millennium Plaza Park, which is along the north shore of the lake.
The public had been prohibited from entering Oswego Lake or launching boats from city-owned waterfront parks since a Lake Oswego ordinance was introduced in 2012. According to a report from the Portland Tribune, city officials had originally cited safety concerns and the prevention of invasive species entering the lake as reasons for barring public access from city-owned parks. This effectively banned all public use, given that other access points are on private land.
Plaintiffs Mark Kramer, Portland attorney Todd Prager, a former Lake Oswego planning commissioner, then sued the State of Oregon, arguing that a rule prohibiting access to Oswego Lake violated the Oregon Public Trust Doctrine.
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According to court documents, the Clackamas County Circuit Court sided with the plaintiffs and the Oregon Supreme Court opinion that the public has the same right to access the lake from the City’s public parks in 2022.
“I hope the city decides to not continue fighting this but work collaboratively come out with a positive solution,” Prager said.
Nadia Dahab, the lawyer representing the plaintiffs said having the jury make a recommendation was important in this case.
“Having the jury there was important because the plaintiffs asked for the jury to be there so that the community can weigh in on some of the reasons behind the restriction here,” she said. “So having the jury make a determination on the facts and the reasons for the restriction was important.”
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“[Kramer and Prager] are thrilled that the jury has confirmed what they’ve been saying which is that this is an important resource and there’s no reason that the city should be entitled to restrict access for members of the public, to whom that resource really belongs,” she added.
“Find solutions how can we design reasonable access and make this a win-win for the community, the people of Oregon and even the people who live around the lake,” Prager said, “have this be really something positive for everyone.”
The outcome of all of this remains to be seen. However, a judge is set to make their final ruling — using the jury’s recommendations — next month.
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