Lake Oswego charter amendment is a land use regulation, Clackamas County judge says

Contrary to the city of Lake Oswego’s assertions, a Clackamas County Circuit Court judge issued a ruling Wednesday, March 6 stating that Chapter X — a charter amendment approved by voters that limits alterations to local parks — is a land use regulation and is therefore relevant to a current appeals process over a proposed sewer line extension into West Waluga Park.

Judge Michael Wetzel issued the ruling after New Look Development — which applied with the city for a nearby lot adjustment in an application that also included a city-mandated sewer line extension — filed a court petition asking Clackamas County Circuit Court to preemptively approve the application. The development company argued Lake Oswego purportedly failed to issue a final decision in time for a mandated review deadline of 120 days, plus a 45-day extension. Wetzel, however, did not comment on whether the city had met the timeline for reviewing the development application and instead focused his initial order on Chapter X.

Neighbors and parks advocates had strongly opposed the sewer extension, saying that it violated the charter amendment — which bars development of things like telecommunication structures, athletic facilities and parking lots at local parks. The city contended that the extension did not violate Chapter X in part by arguing that the amendment is a property owner restriction, not a land use regulation, and therefore was irrelevant to New Look Development’s application. The city also said Chapter X did not apply because the sewer extension would be underground.

Chapter X was approved by voters in 2021 as a charter amendment but was never passed by the City Council as an ordinance. Wetzel said in his opinion that land use regulations can include charter provisions, contrary to the city’s view. He further said that “elevating laws enacted by city councils above the laws enacted by the voters and enshrined in the city charter” would violate state law. The judge said Chapter X is consistent with, and furthers the objectives of, the city’s Comprehensive Plan.

Wetzel’s order said that the court will need to schedule an evidentiary hearing to determine if New Look Development’s proposal violated Chapter X.

In a news release, LoveLOParks, which initiated the Chapter X petition, described the ruling as a victory for Lake Oswego voters and democratic principles.

“The LoveLOParks Steering Committee is pleased by the Circuit Court’s well articulated legal opinion affirming Chapter X’s purpose and limitations are land use regulations under ORS 197.015 (11), thereby overruling the opinion to the contrary by the Lake Oswego City Attorney’s office,” stated Chapter X petitioner Scott Handley in the news release.

The Lake Oswego City Attorney's office declined to comment on the ruling.