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KRAMER v. CITY OF LAKE OSWEGO

A156284.

395 P.3d 592 (2017)

285 Or. App. 181

Mark KRAMER and Todd Prager, Plaintiffs-Appellants, v. CITY OF LAKE OSWEGO; and the State of Oregon, by and through the State Land Board and the Department of State Lands, Defendants-Respondents, and Lake Oswego Corporation, Intervenor-Respondent.

Court of Appeals of Oregon.

May 3, 2017.

Attorney(s) appearing for the Case

Gregory M. Adams argued the cause for appellants. With him on the briefs were Richardson Adams, PLLC, Thane W. Tienson, P. C., and Landye Bennett Blumstein LLP.

Paul W. Conable, argued the cause for respondent City of Lake Oswego. With him on the brief were Robyn Aoyagi, Steven D. Olson, and Tonkon Torp LLP.

Carson L. Whitehead, Assistant Attorney General, argued the cause for respondent State of Oregon. With him on the brief were Ellen F. Rosenblum, Attorney General, and Anna M. Joyce, Solicitor General.

Brad S. Daniels and Stoel Rives LLP filed the brief for respondent Lake Oswego Corporation.

Kenneth Kaufmann filed the brief amicus curiae for Law Professors and Willamette Riverkeeper.

Brian T. Hodges filed the brief amicus curiae for Pacific Legal Foundation.

Before Armstrong, Presiding Judge, and Egan, Judge, and Haselton, Senior Judge.

Plaintiffs appeal a judgment dismissing their amended complaint for declaratory and injunctive relief under the Uniform Declaratory Judgments Act, ORS 28.010 to 28.160, relating to public access to the waters of Oswego Lake and adjoining Lakewood Bay (collectively the lake) for recreation. The complaint — brought against the...

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