The Florida Supreme Court delivered a decisive victory for the City of Marco Island’s septic tank replacement program Thursday.

The court ruled the city was correct in its special assessment process for the first two of 17 districts in the city’s $120 million plan to replace the island’s septic tanks with sewers, ending a bond validation process that began in Collier County Circuit Court 16 months ago. An anti-sewer political action committee, Citizens Advocating Responsible Environmental Solutions (CARES), had challenged the city.

The decision means the city can begin selling bonds to pay for the first two districts, Tigertail and South Barfield, immediately. Marco City Council has authorized a combined $5 million bond issue for the two districts. The city also can send bills to properties for the new sewer service in those districts, but City Manager Bill Moss said the city would wait until after a June 26 voter referendum that will clarify the program’s financing.

“It gives certainty to this community program that’s been debated from a policy standpoint for a long time now,” said Mark Lawson, an attorney from the city’s Tampa-based bond counsel, Bryant, Miller & Olive. “It’s always been on solid legal ground.”

Council Chairman Mike Minozzi said he was pleased with the court’s decision.

“The entire lawsuit and the appeal was frivolous,” he said.

As part of the septic tank replacement program, the city’s wastewater treatment plant will be upgraded and expanded.

CARES had argued the city’s assessment process unfairly burdened new connectors to the benefit of existing sewer users by assessing new connectors to upgrade the wastewater treatment plant. The court stated in its ruling there was “no support for that proposition in the record.”

“Competent, substantial evidence before both the city council and the trial court supports a finding that the improvements to expand capacity and treatment facilities and to provide for wastewater collection from new users will confer a special benefit on the new users,” the court wrote.

CARES attorney Samuel C. Gold and chairman Doug Enman said the committee had no plans to oppose the city further in this case or in other bond validation hearings. In April, Collier Circuit Judge Cynthia Ellis approved the city’s bond validation for the five districts in the 2007 portion of the program.

“This is the end of this particular bout on bond validation,” Gold said.

Enman said this case also spelled the end of CARES activities other than what’s “in the pipeline.”

The organization had filed suit against the city to enforce a settlement agreement’s terms in a federal lawsuit relating to asbestos uncovered on city property. The city responded by reintroducing a motion to seek legal fees in a separate case and seek sanctions against CARES in the asbestos case.

CARES, the largest PAC in Marco’s 10 year history, listed less than $2,000 in its latest financial report.

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