During a court hearing Oct. 17, Camden City Attorney Charles V. B. Cushman III argued that the court no longer had jurisdiction in the case because the Kershaw County Clerk of Court`s office had failed to notify all parties of the appeal in a timely manner.

Cushman said the city had only learned of the appeal after receiving an August 2003 letter from Kurschner`s attorney, William Tetterton, informing him of the Clerk of Court`s failure. A section of the city code, modeled after similar state code, states that such notifications must be made immediately upon filing appeals. Failing that, Cushman said, a S.C. Rule of Civil Procedure allows for notification within 30 days. It was 18 months before Tetterton reminded the court to notify the city of Kurschner`s appeal.

Lloyd related his decision in a letter dated Thursday to both attorneys.

``After careful consideration ... I am finding in favor of the City of Camden on the jurisdictional issue of timely service of the notice of appeal,`` wrote Lloyd. ``Further ... I find that the decision of the Planning Commission is correct as a matter of law.``

Lloyd`s decision will not be official until he signs an order drawn by Cushman. In his letter, Lloyd instructed Cushman to prepare the order within 30 days.

Members of Camden City Council, informed of the judge`s letter during a work session Thursday afternoon, said they would not comment until reading Lloyd`s decision for themselves.