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Clackamas County Circuit Court grants motion to stay as the state Supreme Court considers whether to allow judge's removal to stand 

PMG FILE PHOTO - The Clackamas County Circuit Court has granted a motion to stay Oswego Lake  proceedings as the Oregon Supreme Court decides whether to dismiss Judge Ann Lininger from the case.

The Clackamas County Circuit Court case regarding access to Oswego Lake has been put on hold as the Oregon Supreme Court decides whether a decision will stand to remove the judge who presided over the first phase of the trial.

The court granted plaintiffs Todd Prager and Mark Kramer's motion to stay (put on hold) an order to disqualify Judge Ann Lininger and proceedings related to Lake Corp.'s motion to vacate Lininger's initial ruling, which stated that the former lake was navigable at the time of statehood and subject to Public Trust Doctrine.

This seemed to pave the way for the lake to be publicly accessible eventually, but the second phase of the trial was slated to determine whether or not the city of Lake Oswego's rules that bar lake access from its facilities are reasonable.

Following a Multnomah County Circuit Court judge's decision to remove Lininger — due to correspondence she had with the plaintiffs about potential legislation regarding lake access while serving as a state representative — the plaintiffs filed a petition for the Oregon Supreme Court to overturn the decision to dismiss Lininger. That proceeding is ongoing.

Prager and Kramer filed a lawsuit contesting the city's lake access rules in 2012, and the issue matriculated to the Oregon Supreme Court before being remanded back to circuit court. For the most part, only Lake Corp. shareholders and others with deeds can use the lake.


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