Appeals court upholds rule limiting access to Oswego Lake
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LAKE OSWEGO, Ore. (AP) – The Oregon Court of Appeals has upheld a rule that blocks public access from city-owned property in Lake Oswego to Oswego Lake.
The Oregonian/OregonLive reports (http://bit.ly/2pk5whv ) the decision comes in a years-long debate between lakefront property owners and public-use advocates.
Proponents of the rule say Oswego Lake is private. It’s surrounded mostly by private homes, but two downtown parks and a walkway next to the water provide public access.
The rule, adopted in 2012, authorized the city to fine people who got into the lake from the public spots.
Two people sued the city to challenge the rule, but a judge dismissed the case in 2014. They appealed.
The appeals court said the city and the state aren’t obligated to provide public access to the water from the city property and the park rule doesn’t violate the Oregon Constitution.