(Information from: The Oregonian/OregonLive, http://www.oregonlive.com)
PORTLAND, Ore. (AP) — The Oregon Supreme Court has decided not to rule on whether a suburban Portland lake should be considered public.
The Oregonian/OregonLive reported Thursday that the court declined to determine if Oswego Lake qualifies as a “navigable waterway.”
The court sent the 2012 lawsuit involving the 0.63-square-mile (1.63-square-kilometer) body of water back to Clackamas County Circuit Court for further consideration Thursday.
Kayaker Mark Kramer and open water swimmer Todd Prager asked the high court to overturn previous rulings denying them access to the lake 10 miles (16 kilometers) south of Portland.
Posted signs indicate the body of water managed by the Lake Oswego Corporation is private and records say others who have tried to use it were asked to leave or threatened with tickets.