A prolonged, high-profile dispute about public access to Oswego Lake was resolved recently when Clackamas County Circuit Court Judge Henry Breithaupt issued an opinion upholding the City of Lake Oswego’s right to control access to the lake from the City’s public park.
Private parties challenged a City ordinance prohibiting access to Oswego Lake from City property. The ordinance was enacted to manage health and safety concerns associated with unfettered and unsupervised access to the lake from City property. Tonkon Torp trial lawyers Paul Conable and Steven Olson served as legal counsel for the City of Lake Oswego, arguing that the City had the right to restrict lake access from city-owned property, including Millennium Plaza Park in downtown Lake Oswego. The judge agreed, and dismissed each of plaintiffs' claims.
"The judge recognized that cities must have the ability to make regulations in their parks," said Paul Conable. "That, to us, is what this case was about."
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