[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.
A.
Such notice shall be in writing and shall be delivered
to the Town Manager at the Town Hall in South Bethany, Delaware.
B.
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.
C.
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.
