Mark KRAMER and Todd Prager, Petitioners on Review,
v.
CITY OF LAKE OSWEGO; and the State of Oregon, by and through the State Land Board and the Department of State Lands, Respondents on Review, and
Lake Oswego Corporation, Respondent on Review.
Supreme Court of Oregon.https://leagle.com/images/logo.png
Argued and submitted May 4, 2018, at Aloha High School, Aloha, Oregon.
August 1, 2019.
Attorney(s) appearing for the Case
Thane W. Tienson , Landye Bennett Blumstein LLP, Portland, argued the cause for petitioners on review. Gregory M. Adams , Richardson Adams PLLC, Boise, Idaho, filed the briefs for petitioners on review. Also on the briefs was Thane W. Tienson.
Carson L. Whitehead , Assistant Attorney General, Salem, argued the cause and filed the brief for respondent on review State of Oregon. Also on the brief were Ellen F. Rosenblum , Attorney General, and Benjamin Gutman , Solicitor General.
Brad S. Daniels , Stoel Rives LLP, Portland, argued the cause and filed the brief for respondent on review Lake Oswego Corporation.
Robert Koch , Tonkon Torp LLP, Portland, argued the cause and filed the brief for respondent on review City of Lake Oswego. Also on the brief was Paul Conable.
Kenneth E. Kaufmann , West Linn, filed the brief for amici curiae Law Professors, American Whitewater, Columbia Riverkeeper, Human Access Project, Rogue Riverkeeper and Willamette Riverkeeper.
Christopher G. Winter , Crag Law Center, Portland, filed the brief for amici curiae Olivia Chernaik, Lisa Chernaik, Kelsey Cascadia Rose Juliana, and Catia Juliana.
Karl G. Anuta , Law Offices of Karl G. Anuta, PC, Portland, filed the amicus curiae brief for Northwest Association of Steelheaders, Inc. Also on the brief was Mike Sargetakis.
Before Walters, Chief Justice, and Balmer, Nakamoto, Flynn, Duncan, Nelson, and Garrett, Justices.
FLYNN, J.
Plaintiffs seek a declaration that the City of Lake Oswego must allow them recreational access to Oswego Lake, either from the shoreline of the city's waterfront parks—from which the city prohibits all water access—or through the city's residents-only swim park. According to plaintiffs, the common-law doctrines of public...
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