Kinney v. O'Connor

Plaintiff moves for reconsideration of our opinion, 138 Or App 255, 907 P2d 257 (1995), in which we held that ORS 659.165(1) does not prohibit defendants Lake County and its clerk from holding an election on an initiative measure that, if enacted, would grant special rights, privileges or treatment to, or single out, citizens or groups of citizens on account of sexual orientation. Plaintiff contends that we overlooked a portion of his complaint in which he asked, in the alternative, for a declaration that defendants cannot count the ballots from such an election. He further contends that the…