A year after WFLX first investigated a contentious legal battle over the future of Fisherman\u2019s Wharf, newly released environmental testing is raising fresh questions about a key argument in the dispute: contamination.<\/p>\n
The city of Fort Pierce previously told developer Chris Shelli that the waterfront property at the center of his lawsuit was \u201clikely contaminated\u201d and suggested the cost of remediation could essentially eliminate his claim for damages.<\/p>\n
But the city made that assertion before the Florida Department of Environmental Protection had completed its testing.<\/p>\n
Those results are now in.<\/p>\n
According to site assessments obtained by WFLX, FDEP found arsenic above state residential cleanup targets in two soil samples on city-owned land sold to Shelli. However, both samples were less than twice the residential cleanup target, and an environmental researcher who reviewed the findings for WFLX said the results on the development property did not appear particularly alarming.<\/p>\n
\u201cI don\u2019t think it\u2019s necessarily something to be too concerned with,\u201d said Jordon Beckler, an associate research professor at Florida Atlantic University\u2019s Harbor Branch Oceanographic Institute.<\/p>\n
A waterfront deal becomes a legal battle<\/p>\n
Shelli purchased approximately 3.2 acres around Fisherman\u2019s Wharf with plans to transform the waterfront into a new destination.<\/p>\n
But WFLX Investigates previously uncovered a significant complication with the deal.<\/p>\n
Roughly half of the property was subject to a state right-of-reverter restriction, meaning the land could revert to the state if it were sold for private development.<\/p>\n
Emails obtained by WFLX in our first investigation showed Fort Pierce commissioners did not learn until 2023 \u2014 about two years after the sale \u2014 that removing the restriction could cost nearly $2 million.<\/p>\n
Shelli ultimately sued the city for breach of contract.<\/p>\n
In 2025, an attorney for the city sent Shelli a letter arguing the property was \u201clikely contaminated\u201d and that the cost of \u201cremediation\u201d essentially \u201celiminates\u201d his damages claim.<\/p>\n
At the time, however, FDEP\u2019s environmental investigation was still underway.<\/p>\n
What FDEP actually found<\/p>\n
The environmental concerns extend beyond the Fisherman\u2019s Wharf property itself.<\/p>\n
Land immediately north of Fisherman\u2019s Wharf was once home to a citrus packing house. Property records show St. Lucie County purchased that property in 2018 and designated it as a brownfield site \u2014 a designation used for property where redevelopment may be complicated by actual or perceived environmental contamination.<\/p>\n
FDEP\u2019s site assessment found several soil samples at the former citrus packing house contained arsenic above Florida\u2019s residential and industrial cleanup targets.<\/p>\n
Beckler said those findings were consistent with the property\u2019s historical industrial use.<\/p>\n
\u201cPersonally, there\u2019s not really much in the report that alarmed me,\u201d Beckler said. \u201cI think the findings are consistent with the past industrial uses of the site.\u201d<\/p>\n
One sample, however, stood out.<\/p>\n
FDEP found an arsenic concentration roughly 148 times Florida\u2019s residential cleanup target at a location along the northern portion of the former citrus packing house property.<\/p>\n
But that hot spot was not on the land sold to Shelli.<\/p>\n
Shelli\u2019s proposed development property sits across the street.<\/p>\n
FDEP did send letters to seven surrounding property owners warning about possible off-site contamination. One of those letters went to the city of Fort Pierce and identified arsenic above the residential cleanup target in two soil samples on city-owned property sold to Shelli.<\/p>\n
Those exceedances, however, were far smaller than the hot spot found at the former packing house. Both were less than twice the residential cleanup target.<\/p>\n
Beckler also noted that environmental cleanup standards are intentionally conservative and that naturally occurring arsenic is present in Florida soils.<\/p>\n
\u201cThe vast majority of those samples, while, yes, they were above that residential standard, they weren\u2019t that high above it,\u201d Beckler said.<\/p>\n
No remediation plan for development property \u2014 at least not yet<\/p>\n
The distinction could become important in Shelli\u2019s lawsuit.<\/p>\n
FDEP identified remediation plans for five parcels included in its assessment, but those parcels are associated with the former citrus packing house property.<\/p>\n
The agency did not identify a remediation plan for the waterfront development property sold to Shelli.<\/p>\n
That is notable because the city\u2019s earlier letter specifically cited \u201cremediation\u201d when arguing that contamination would essentially eliminate Shelli\u2019s damages.<\/p>\n
Government law attorney Glen Torcivia, who is not involved in the lawsuit, reviewed the dispute for WPTV and said the new information does not necessarily resolve the legal fight.<\/p>\n
Instead, he said questions could remain over what the city knew \u2014 or should have known \u2014 and what responsibility Shelli had to investigate the property before the purchase.<\/p>\n
\u201cYou\u2019re still going to have a dispute over whether the city knew or should have known that there were issues, and the city would argue from the developer standpoint, he should have done some due diligence,\u201d Torcivia said.<\/p>\n
Shelli told WPTV that the city has not provided FDEP\u2019s findings to him or his legal team.<\/p>\n
$6 million settlement offer rejected<\/p>\n
The lawsuit has potentially significant financial implications for Fort Pierce taxpayers.<\/p>\n
In March, commissioners were presented with a $6 million settlement offer from Shelli.<\/p>\n