New state environmental testing results show the most significant arsenic contamination near Fort Pierce's Fisherman's Wharf sits on a separate city brownfield property, not on the waterfront parcel the city sold to developer Chris Shelli, raising questions about the city's earlier claim that contamination could wipe out his damages in an ongoing lawsuit.
The Florida Department of Environmental Protection found arsenic about 148 times the residential cleanup target at a location along the northern portion of a former citrus packing house property immediately north of Fisherman's Wharf. St. Lucie County purchased that property in 2018 and designated it as a brownfield site. On the approximately 3.2-acre development parcel the city sold to Shelli, FDEP found arsenic above residential cleanup targets in only two soil samples, both less than twice the target level.
The city sent Shelli a letter in 2025 arguing the property was likely contaminated and that the cost of remediation essentially eliminates his damages claim. The city made that assertion before FDEP completed its testing. FDEP identified remediation plans for five parcels associated with the former citrus packing house property but did not identify a remediation plan for the waterfront development property sold to Shelli.
Jordan Beckler, an associate research professor at Florida Atlantic University's Harbor Branch Oceanographic Institute, reviewed the findings and said the results on the development property did not appear particularly alarming. Beckler said the vast majority of the samples were not that high above the residential standard and noted that environmental cleanup standards are intentionally conservative and naturally occurring arsenic is present in Florida soils.
Shelli sued Fort Pierce for breach of contract after emails showed city commissioners did not learn until 2023, about two years after the sale, that removing a state right-of-reverter restriction on roughly half the property could cost nearly $2 million. The restriction means the land could revert to the state if sold for private development.
Government law attorney Glen Torcivia, who is not involved in the lawsuit, said questions could remain over what the city knew or should have known and what responsibility Shelli had to investigate the property before purchase.
Fort Pierce commissioners were presented with a $6 million settlement offer from Shelli in March. The city attorney warned commissioners that if they rejected the offer and Shelli later recovered at least $7.5 million, the city could also potentially become responsible for attorney's fees and other expenses under Florida's proposal-for-settlement rules. Commissioners took no action and the offer was later deemed rejected.
Mike Jenkins, whose family owns the property beneath 12A Buoy restaurant at Fisherman's Wharf and has owned the property for roughly 50 years, said associating Fisherman's Wharf with contamination could affect surrounding property owners. A city spokesperson said the city does not comment on pending litigation.