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KRAMER v. CITY OF LAKE OSWEGO

(SC S065014)

455 P.3d 922 (2019)

365 Or. 691

Mark KRAMER and Todd Prager, Petitioners on Review, v. CITY OF LAKE OSWEGO; and the State of Oregon, by and through the State Land Board and the Department of State Lands, Respondents on Review, and Lake Oswego Corporation, Respondent on Review.

Supreme Court of Oregon.

November 15, 2019

Attorney(s) appearing for the Case

Brad S. Daniels, Stoel Rives LLP, Portland, filed the petition for reconsideration for respondent on review Lake Oswego Corporation. Also on the petition for reconsideration was Crystal S. Chase.

Robert Koch, Tonkon Torp LLP, Portland, filed the petition for reconsideration for respondent on review City of Lake Oswego. Also on the petition for reconsideration was Paul Conable.

Thane W. Tienson, Landye Bennett Blumstein LLP, Portland, filed the response to the petition for reconsideration for petitioners on review Mark Kramer and Todd Prager. Also on the response was Gregory M. Adams, Richardson Adams PLLC, Boise, Idaho.

No appearance by the State of Oregon.

Before Walters, Chief Justice, and Balmer, Nakamoto, Flynn, Duncan, Nelson, and Garrett, Justices.

Two of the defendants-respondents on review have petitioned for reconsideration of our decision in Kramer v. City of Lake Oswego, 365 Or. 422, 446 P.3d 1 (2019). That decision concluded that, "if Oswego Lake is among the navigable waterways that the state holds in trust for the public, then neither the state nor the city may unreasonably...

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