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Town of South Bethany, DE
Sussex County
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[HISTORY: Adopted by the Mayor and Council of the Town of South Bethany 3-8-1996 as Ord. No. 51-95. Amendments noted where applicable.]
No person, joint venture, association, partnership, corporation, trust, guardian or other legal entity acting on its own behalf or on behalf of any other legal entity shall constitute or file any lawsuit, legal action or claim, seeking recovery of damages grounded in tort, in any court of law or equity, in this or any other state, against the Town of South Bethany, any board, commission or agency of the town or any town public officer, employee or member of such town instrumentalities, whether elected or appointed, and whether now or previously serving as such, unless notice of the occurrence forming the basis of the lawsuit, legal action or claim is given to the town within one year of the date of occurrence.
Such notice shall be in writing and shall be delivered to the Town Manager at the Town Hall in South Bethany, Delaware.
The notice shall particularly describe the occurrence and the nature of the lawsuit, legal action or claim and shall state the date and place of the occurrence and the name and address of each claimant for whom the notice is being given.
Such notice shall be deemed to be a condition precedent to the filing of a lawsuit, legal action or claim, and failure to provide such notice within one year of the date of the occurrence shall be an absolute defense against any such lawsuit, legal action or claim.