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The Lake Oswego City Council has voted against appealing a court ruling that mandates public access to Oswego Lake, ending a yearslong legal battle over whether the lake should remain exclusive to residents of the homes that surround it.
In a 5-2 decision Monday night, city councilors opted not to join an appeal initiated by the Lake Oswego Corporation, the private entity that manages the lake and has historically limited access to its members. The decision followed a heated public hearing in which community members voiced competing concerns over safety, environmental impact, private property rights, and socioeconomic implications.
“As a resident, I urge you not to appeal,” testified Patrick Gutierrez, co-chair of the city’s Parks, Recreation and Natural Resources Advisory Board. “I believe it is a waste of taxpayers’ money and resources.”
For decades, access to Oswego Lake has been restricted to members of the Lake Corporation—comprising homeowners along the shoreline and others who pay for the right to use the water. The general public has been barred from swimming, fishing or boating in the lake, except at a seasonal swim park.
Two aquatic enthusiasts, Mark Kramer and Todd Prager, sued the city in 2012 for the right to access the water, launching a 13-year court battle. This year, Clackamas County Circuit Judge Kathie Steele ruled that the lake must be immediately opened to the public. The Lake Corporation appealed her ruling, leaving the city with an April 2 deadline to decide whether to join the effort.
As Willamette Week previously reported, Lake Corporation board president and real estate broker Justin Harnish sent an email rallying residents to push the council to appeal, warning that the lake had become a “Wild West” of paddlers, kayakers and fishermen who showed “no regard to private property” or lake rules. Harnish also raised concerns over safety, citing an incident in which a kayaker capsized and had to be rescued by a homeowner.
Mayor Joe Buck, who voted against an appeal, acknowledged the frustration among homeowners and shareholders but said the city must now focus on managing public access rather than fighting it.
“Folks can enter the lake, they are entering the lake,” Buck said Monday night. “It’s imperative that we work collaboratively to put guidelines and practices in place so that that can be done safely.”
Councilor Aaron Rapf, one of two votes in favor of an appeal, is a shareholder in the Lake Corporation and strongly opposed opening the lake to the public.
“This decision is going to impact our city for decades. I will not be one of the councilors that destroys this city,” Rapf said.
The city’s legal counsel had warned that an appeal was unlikely to succeed. City attorney Ellen Osoinach told the council that the Oregon Court of Appeals would likely allow public access to proceed even while the case was under review.
With the city stepping aside from the legal fight, the focus now shifts to how Lake Oswego will implement public access while addressing concerns from long-standing stakeholders.
Following the vote, the City Council unanimously approved a directive for city staff to implement park rules and safety measures at Lower Millennium Plaza Park, the designated public access point to the lake. Deputy city manager Madison Thesing said immediate steps would include updating signage, adopting access hours, and implementing park rules for boat size restrictions.
“On April 15, the city is enacting new rules with the marine board about the lake, but I’m concerned about it being made difficult for people to enjoy it,” Prager said. “That’s a very short time to plan out rules, and I’m going to be fighting for equitable and reasonable regulations.”
Kramer echoed the sentiment and said that the decision by the city council, which has historically sided with the Lake Corporation, was a surprise to him.
“I’m somewhere between pleasantly surprised and shocked,” he said. “In contrast to everything happening nationally with intolerance and stifling of speech, I think this was an exercise in democracy.”