Even with the heavy rains we experienced this past weekend, the lake is dropping at a quick pace. By the time you are reading this the lake should be at least eight feet below full pool. We will continue lowering the level until we reach ten feet below full pool. We will hold it there as best we can until December first. If you have a waterfront development project scheduled, please make sure you have all required permits in place before starting. The LOC permit now requires periodic inspections, beginning with a site inspection with your project staked out and erosion control in place (if required). While the lake is down, it is a good practice to inspect your waterfront for any type of debris or items which may have fallen off your dock in the past three years. Make sure any construction debris is cleaned up before the lake comes back up. If you have any questions about the drawdown or waterfront construction, please feel free to contact our offices.
Speaking of our offices, we have temporarily moved into a small office at 129 Foothills Road for the winter. Our phone system will continue to work on the same direct dial numbers and any messages left will also get to us via our cell phones.
Jeff Ward 971 233-9005
Christina Stauffer 971 233-9008
Mark Rosenkranz 971 233-9006
Gabe Winfrey 971 233-9007
If you need to stop by, it is best to contact us first to make sure someone is there. There is usually someone there on weekdays, but sometimes we are at the marina site and not available in our temporary office for short periods of time.
In Jay’s article, he mentions the ongoing litigation over the city’s park rule prohibiting entry to the lake at Millennium Plaza. As you may recall, the original suit was filed against the city and the state. The plaintiffs were requesting that the park rules should be invalidated. They also asked for a declaration that the lake was public. The case was dismissed on summary judgment. In that ruling, the judge stated that a declaration was not needed because it would not affect the city’s ability to create safety rules for their own parks. That ruling was appealed by the plaintiffs. The Oregon Court of Appeals again ruled against the plaintiffs, stating in a unanimous decision that the lower court should reissue the ruling while stating the plaintiffs did not have the right to a declaration as to whether the lake was a public or private asset. The Oregon Supreme Court has agreed to review that ruling. Oral arguments are scheduled for April 10, 2018.
We feel confident that the two rulings so far have been sound and should be upheld. If the Oregon Supreme Court does not uphold the Court of Appeals ruling, it would likely mean that the issue would go back to the trial court. The LOC Board has prepared for this situation and there is a very good team in place. We will keep you up to date as the process moves forward.
Now that we have a new website that is more user friendly, we have been discussing moving more and more to paperless forms of communication, especially our monthly newsletter. We are working on plans to make our communications more timely and available where you get your updates where you are and they are formatted to fit whichever device you use to view them. Look for us to begin transitioning to mainly electronic communications within the next year. We’d love to hear your thoughts.