[HISTORY: Adopted by the Town Council of
the Town of Bethany Beach 3-16-1984 by Ord. No. 131 (Ch. 215 of the 1992 Code).
Amendments noted where applicable.]
GENERAL REFERENCES
Indemnification of officers and employees — See Ch. 32.
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 institute 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 Bethany Beach or any of its employees,
as defined in 10 Del. C. § 4010(a), unless notice of the
occurrence forming the basis of the claim or action 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 Bethany Beach, Delaware.
B.
The notice shall particularly describe the occurrence
and the nature of the 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 suit, and failure to provide such notice within
one year of the date of the occurrence shall be an absolute defense
against any such claim, action or suit.
