An upscale Oregon city has been ordered to lift a controversial ban prohibiting locals from using its public lake following a 12-year legal battle.
A Clackamas County Circuit Court judge ruled on Monday the City of Lake Oswego must immediately remove no trespassing signs and other obstacles currently blocking the body of water.
‘Defendant City of Lake Oswego is immediately prohibited from enforcing its exclusionary lake use policy,’ Judge Kathie Steele wrote in a ruling obtained by The Oregonian.
‘(The city) is ordered to take steps necessary to provide for reasonably safe public access from the Millennium Park Plaza property within 120 days.’
Lake Oswego’s 12-mile shoreline is mainly surrounded by private residents with private docks that grant them access.
Many of them are members of the Lake Oswego Corporation, a defendant in the case that manages the lake and has been opposing public access.
The corporation was sued alongside the city by open water swimming enthusiast Todd Prager and another local kayaker.
The City of Lake Oswego has been ordered to allow public access to its private pond following a ruling by a judge
Lake Oswego Corporation, headed by president Mark Harnish (pictured), also opposed the access for the lake
‘I’m thrilled that the public has finally regained access to this unique and important public resource,’ Prager told The Oregonian.
‘I hope the public responsibly enjoys their immediate right to access the lake.’
The Lake Oswego Corporation had attempted to argue that the lake had been altered so much over the year by dams and canals that it could technically be reclassified as a dam.
On the corporation’s website, Vice President Doug Woodcock states: ‘It has been a privilege to live on Oswego Lake for over 30 years and I take the board’s mission to preserve and protect the lake very seriously.’
‘I am an ardent advocate of Oswego Lake,’ member Katy Brown notes. While I am proud to represent all neighbors of the lake, my priority is the lake itself and the commitment and work it takes to keep this community treasure healthy.’
However, another judge ruled that the original body of water was public when Oregon was settled, which mean public access doctrines are applicable.
Steele’s decision comes after previous rulings including a jury trial also sided with the plaintiffs.
The lawsuit was brought by local open water swimming enthusiast Todd Prager
The ruling overturns the current situation at the lake which means that only residents of the ritzy private homes lining the lake’s shoreline get access to the water
Lake Oswego corporation is made up of members, many of whom own homes along the lake’s shoreline which give them access. Pictured: Vice President Doug Woodcock and member Katharyn Thompson
However, the judge stopped short of ordering access at all points of the lake after she deemed some areas to be unsafe.
City officials have forked out more than $1 million in legal fees since the lawsuit began.
Spokeswoman Madison Thesing said the ruling is ‘an important milestone’ and confirmed that the council would meet to discuss it.
‘The city is taking a deliberate and thoughtful approach in assessing next steps with its legal and operational teams,’ she said.
The city has previously appealed rulings, but has not confirmed whether it will in this case.
DailyMail.com has contacted the city and Lake Oswego Corporation for comment.