Court Rules Chapter X is a Land Use Regulation


LAKE OSWEGO, Oregon – March 7, 2024 – LoveLOParks issues the following statement regarding Clackamas County Circuit Court’s ruling in case 24CV03746 confirming Lake Oswego City Charter Chapter X’s provisions are land use regulations.

“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 Scott Handley, Chief Petitioner for 2020IN-1 and Campaign Manager for Measure 3-568.

The Circuit Court’s legal opinion issued on Wednesday is a significant victory for Lake Oswego voters and our democratic principles. The court acknowledged voters’ rights under Oregon’s Home Rule and Initiative provisions, Oregon Constitution, Article XI(2) and Article IV(1)(5), to enact municipal laws enshrined in the city charter and that Chapter X’s provisions are:

  • entirely consistent with and furthers the objectives set forth in the Lake Oswego Comprehensive Plan, and
  • the type of municipal laws falling within the definition of a land use regulation under ORS 197.015(11)

The court’s opinion is consistent with Lake Oswego voters’ intentions for placing citizen-initiated Measure 3-568 on the ballot and ratifying it in the November 2, 2021 Special Election with a 62% voter-approval; thus, amending the City Charter to protect Lake Oswego’s Nature Preserves from all development inconsistent with preserving them as natural habitats.

Case 24CV03746 is ongoing pending an evidentiary hearing (TBD) to be held by the circuit court to determine if the proposed action by New Look Development LLC violates a substantive provision of Chapter X, sections 41 and 43.

LoveLOParks encourages the community to read the full court opinion:

“We are humbled to live in a community that cares deeply to protect our City’s natural environment and a place we all call home,” concluded Mr. Handley. is maintained by the Lake Oswego residents who initiated, architected and supported the Chapter X – Park Development Limitation charter amendment. Lake Oswego voters ratified Chapter X to implement significant land use regulations that insure all development in a Nature Preserve is consistent with the preservation of a Nature Preserve as a natural area.