Lake Oswego, Oregon dispute request to cover legal fees in public access saga

PORTLAND, Ore. (KOIN) — After losing a case that fought for public access to a local lake, the State of Oregon and the City of Lake Oswego are insisting that they shouldn’t have to pay plaintiffs’ legal fees.

Mark Kramer and Todd Prager contended that the city, state and Lake Oswego Corporation — a group of homeowners surrounding Oswego Lake — should cover their more than $1.3 million in legal fees. As first reported by the Lake Oswego Review, a KOIN 6 media partner, two parties challenged the request on Monday.

Oregon’s attorneys argued that the plaintiff’s “battle was not fought against the State nor was the victory they secured against the State,” and the requested amount should either be denied or dismissed.

Lake Oswego’s attorneys argued that the state “abdicated its responsibility over issues of navigability and aligned itself with the Plaintiffs” and therefore should be the only governmental body tasked with covering their legal fees.

“Any ‘public benefit’ that results from this case will be enjoyed overwhelmingly by non-residents of the City, but the tax burden of creating and maintaining access through Millennium Park, not to mention attendant costs for insurance, security and the like, will be borne by the City’s taxpayers,” the Apr. 14 response reads.

Kramer and Prager first filed their complaint against the city and the Oregon Department of State Lands in 2012, arguing that Oswego Lake’s public access ban violated the state’s “right and obligation to protect the public’s use of the State’s navigable waterways or navigable portions of waterways.”

Clackamas County court sided with them in 2022. Circuit Court Judge Kathie Steele ordered the city to stop enforcing the ban and remove any signs prohibiting access from Millennium Plaza Park in early March.

Court documents allege Kramer and Prager’s legal team dedicated more than 2,900 hours to the battle spanning across 12 years. The statement also alleges the team paid more than $221,000 in litigation costs in that time.

The requested amount reflects the “substantial benefit to members of the general public,” according to attorneys Nadia Dahab and David Sugerman.

“The benefit that resulted to every member of the public is clear: Before the trial court’s judgment, Oswego Lake was treated by the City and the State as a privately owned body of water subject to the control of the Lake Oswego Corporation,” Dahab and Sugerman wrote in on March 17.