Maricopa Co. v. Douglas
In Maricopa Co. v. Douglas, 69 Ariz. 35, 208 P.2d 646 (1949), plaintiff Maricopa County asserted an action pursuant to a right provided by statute.
Sometime after plaintiff's claim accrued, however, the legislature amended the act to repeal that right.
Defendants contended that the cause of action abated with the legislature's amendment, but the court held that the amendment constituted a repealing act and the cause of action thus was preserved by the savings statute. Id.
Other states follow this rule that an amendment repeals rights removed pursuant to the amendment.
When a statute is amended, the portions not modified 'are to be considered as having been the law from the time when they were enacted; the new provisions are to be considered as having been enacted at the time of the amendment; and the omitted portions are to be considered as having been repealed at the time of the amendment.'