Kramer v. City of Lake Oswego

Lake Oswego was surrounded by private residential properties. The City of Lake Oswego (the city) (defendant) created a residents-only swim park adjacent to the lake based on a conditional donation by the original landowner. The city also acquired three lakeside parcels on which the city developed public parks. Two of the parks did not have access to the lake due to physical barriers, but the third had steps down to the shore. However, the city limited public lake access from any of the parks. Mark Kramer and others (collectively, Kramer) (plaintiff) filed a declaratory relief action against the city and the state, seeking an order compelling them to allow public access to the lake from either the swim park or the city parks. Kramer argued that the state owned the lake waters and tidal shoreline area such that the public-trust doctrine and the public-use doctrine meant the lake was held in trust to preserve the rights of the public to use the lake for recreational purposes. The trial court granted summary judgment in favor of the city and the state after determining that the public-trust doctrine and public-use doctrine applied because the lake is part of the state’s navigable waters, but neither justified the relief sought by Kramer. The appellate court affirmed, and Kramer appealed to the Oregon Supreme Court.