LAKE OSWEGO, Ore. (KPTV) — A Clackamas County Circuit Court judge ruled Wednesday that the city of Lake Oswego must allow public access to the lake. The ruling marks the end of a 12-year lawsuit, originally filed by Mark Kramer and Todd Prager in 2012.

FOX 12 spoke to Todd Prager about the court’s decision. Originally from the East Coast, Prager enjoys open water swimming. When he moved to Lake Oswego in 2007, he said he was shocked to learn he couldn’t access the lake.

“We were really excited to have this lake and be able to continue swimming in it,” Prager said. “We found out that you actually couldn’t do it and it just seemed very strange to us and didn’t seem right.”

Aside from a few private access points, Lake Oswego is almost entirely lined with large, upscale homes with private docks. Many of these homeowners are members of the Lake Oswego Corporation, which gives them access to the lake. But if you’re not a member of the society or don’t have access to a private park or dock, it’s almost impossible to access the lake.

“I want to take this opportunity to correct what has been wrong for so many years,” said Prager, who previously served on the city’s planning commission.

Since the lawsuit was filed in 2012, Prager told Fox 12 his attorneys have been working on the case pro bono.

According to court documents, the city had previously barred the public from accessing Lake Oswego water. But now the court has ruled that unless there is a risk to people’s lives, health or safety, the city must allow public access.

According to her, Judge Kathie Steele emphasized that life has changed over the years, and so have laws.

SEE ALSO:

“Before, women were neither lawyers nor judges, and yet here we are. Life changes,” Steele wrote. “Old deeds on Lake Oswego prohibited sale or ownership by minorities. Life changes… The question before the court here is: Under current laws, regulations and rules, has life changed enough to affect the way we treat and protect the interests of the public in the Lake Oswego.

The court ultimately decided that the city’s earlier ban on public access to the lake was unfair.

FOX 12 reached out to the Lake Oswego Corporation, who declined an interview. But in a statement, board Chairman Justin Harnish said, “The Court’s opinion makes no secret of the fact that it is attempting to change decades of established law in Oregon. We believe this is wrong, and we hope that the Court of Appeals and the Oregon Supreme Court will respect local governments and the long-held property rights of Oregonians. In the meantime, we remain willing to work with all interested parties to try to find a solution that works for everyone.

FOX 12 also contacted the City of Lake Oswego for this story. The city did not respond to our request for an interview. Instead, he sent a statement that said: “On November 13, Judge Kathie Steele of the Clackamas County Circuit Court issued an opinion in the case of Kramer v. State of Oregon and City of Lake Oswego which the City is currently reviewing with its legal team. The City of Lake Oswego appreciates the Judicial Branch and Advisory Jury devoting resources to this important issue.

Prager said he hopes the court’s decision is lasting and sets a precedent that will protect public access to Oregon’s waterways and beaches.

“My greatest hope and frankly my disappointment throughout this whole story is the City of Lake Oswego’s continued use of public taxpayer dollars to protect the illegal monopolization of a public lake by a private company — now this which we call –,” Prager said.

Copyright 2024 KPTV-KPDX. All rights reserved.