2006 Minnesota Code
Chapters 365 - 368 Towns
Chapter 365 Town General Law
Section 365.40 TOWN NAME IN SUIT; EXCEPTION; SERVICE; DEFENSE.

365.40 TOWN NAME IN SUIT; EXCEPTION; SERVICE; DEFENSE.
Subdivision 1. Town or officers named. In all actions or proceedings the town shall sue and
be sued in its name, except that town officers may sue in their official names for the town's benefit.
Subd. 2. Serve chair or clerk. In an action against a town, process and papers must be
served on the chair of the town board or on the town clerk.
Subd. 3. Chair defends, tells board. The chair shall see that the action is defended. The
chair shall also give the town board a full statement of the facts about the action or proceeding
so that the board can decide how to defend it. The statement must be given at the first board
meeting after the town is served.
History: (1105) RL s 694; 1974 c 394 s 4; 1978 c 497 s 2; 1986 c 444; 1987 c 229 art 8 s 1

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