LAKE OSWEGO, Oregon (KPTV) — A Clackamas County Circuit Court judge ruled Wednesday that the city of Lake Oswego must allow public access to the lake. The decision marks the end of a 12-year lawsuit filed by Mark Kramer and Todd Prager in 2012.

FOX 12 spoke with Todd Prager about the court’s decision. Originally from the East Coast, Prager enjoys open water swimming. When he moved to Lake Oswego in 2007, he said he was shocked to learn he couldn’t access the lake.

“We were really excited to have this lake and be able to continue swimming there,” Prager said. “We actually found out that you couldn’t do that, and it just seemed so weird and didn’t seem right.”

Aside from a few private access points, Lake Oswego is almost entirely covered with large, luxury homes with private docks. Many of these homeowners are members of the Lake Oswego Corporation, which provides access to the lake. However, if you are not a member of the company or have access to a private park or pier, it is almost impossible to access the lake.

“I want to take the opportunity to fix something that’s been wrong for years,” said Prager, who previously served on the city’s planning commission.

Prager told Fox 12 that his attorneys have been working on the case for free since the lawsuit was filed in 2012.

The city had previously banned public access to the waters of Lake Oswego, according to court documents. But now the court has ruled that the city must allow public access unless there is a risk to human life, health or safety.

Judge Kathie Steele emphasized that in her opinion, life and the law have changed over the years.

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“Women were not lawyers or judges in the past, but we are here. Life changes,” Steele wrote. “Old deeds to property on Lake Oswego prohibited the sale or ownership of property by minorities. Life changes… The issue before the court here is that, under existing laws, regulations, and rules, life determines how we treat Lake Oswego and how the public It has changed enough to affect how we protect their interests.”

The court ultimately ruled that the city’s previous ban on public access to the lake was unjust.

FOX 12 reached out to the Lake Oswego Corporation, but it also declined to be interviewed. But board chairman Justin Harnish said in a statement: “It is no secret that the court’s view is that it seeks to change the law that has been established in Oregon for decades. We think this is wrong and hope that the Oregon Court of Appeals and the Supreme Court will respect local governments and the long-recognized property rights of Oregonians. In the meantime, we stand ready to work with all parties involved to find a solution that works for everyone.”

FOX 12 also reached out to the city of Lake Oswego for this story. The municipality did not respond to our request for an interview. Instead, she sent a statement that read: “On November 13, Clackamas County Circuit Judge Kathie Steele issued an opinion in the case of Kramer v. State of Oregon and City of Lake Oswego, which the City is currently reviewing with its legal team. City of Lake Oswego, this is important “He appreciates the judiciary and the advisory jury that devoted resources to the issue.”

Now Prager said he hopes the court’s decision becomes permanent and sets a precedent that protects public access to Oregon’s waterways and beaches.

“My greatest hope, and frankly my disappointment, with this whole incident is that the city of Lake Oswego continually uses public taxpayer money to protect a private company from illegally monopolizing what is, as we now know, a publicly owned lake,” Prager said.

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