Lake Oswego council votes down motion authorizing appeal of Oswego Lake access ruling

The Lake Oswego City Council on Monday declined to authorize the city attorney to appeal a Clackamas County judgment that found the water of Oswego Lake is public and ordered public access at Millennium Plaza, voting 5-2 against Resolution 25-16.

The motion to adopt Resolution 25-16 — which would have authorized the city attorney to file an appeal in Kramer v. City of Lake Oswego — was moved by Councilor Raff and seconded by Councilor Wendland. After a lengthy public-comment period and almost three hours of deliberation, the roll call vote was Mayor Buck: no; Councilor Afgan: no; Councilor Boot: no; Councilor Wendland: yes; Councilor Verdict: no; Councilor Corrigan: no; Councilor Raff: yes. The motion failed 2-5.

Why it matters: The trial court judgment, issued by Judge Steele, concluded that the lake's water is public. Council debate centered on whether an appeal could secure a stay of the order long enough for the city and stakeholders to draft time, place and manner rules intended to protect safety, water quality and private property interests. The city attorney advised the council that, in her opinion, the odds of obtaining…