Aurora developer sues Pentagon over $700,000 cleanup bill

Southshore Recovery Acquisition, LLC, has spent more than $700,000 removing unexploded ordnance from a 105-acre site in Aurora, and the company is now asking the U.S. Department of Defense to reimburse that amount. The New York-based real estate investment firm filed its complaint on Oct. 26, seeking to force the federal agency to cover the costs of cleaning up munitions left behind from World War II and later conflicts.

The property in the Southshore community sits on land that was once part of the Lowry Bombing and Gunnery Range. The U.S. Army operated the active range from 1937 until approximately 1963. Following that period, the Army Corps of Engineers developed a management plan for the area, identifying specific zones as areas of concern for live munitions. The Corps and the Colorado Department of Public Health and Environment have managed the site for decades, but the lawsuit argues the specific parcel Southshore owns was not flagged in those plans.

Southshore did not initially own the land. A different developer purchased the property from the federal government in 2009 and transferred it to Southshore in 2011. The company states that the land was undeveloped at the time of the transfer. It did not specify exactly when it discovered the threat of unexploded ordnance, but the discovery triggered a regulatory response. The Colorado Department of Public Health and Environment, along with the City of Aurora, required risk reduction measures before any construction could begin on the site.

In 2020, cleanup crews conducted a thorough search of the ground. Over several months, they identified 5,739 targets and 274 items considered safe for disposal. These items included 20mm practice rounds, a rocket warhead, a fuze, and more than 424 pounds of .50 caliber ammunition. The company notes that no armed explosives were found during the process, but the lawsuit contends that there is no way to distinguish between live and inert ordnance while it remains buried. Items can only be classified once they are removed and examined.

The lawsuit details the historical use of the land, citing a U.S. Army Corps of Engineers plan. According to the complaint, the 100-square-mile range hosted seven bombing targets, a rocket and gunnery target, nine air-to-ground flexible gunnery targets, a jeep range, and three training camps. The suit alleges that between July and December of 1952 alone, 84 bombing missions were conducted on the property. The U.S. Air Force, Army, Navy, and Air National Guard all used the site for practice during the Korean and Vietnam wars.

Southshore sold the land to Richmond American Homes on Aug. 26, 2020, after receiving sign-off from the state health department. The company maintains that it was never reimbursed for the hazardous material removal. The lawsuit claims Southshore sent the cleanup report to the Army Corps before beginning the work, though it does not specify if or when the company formally requested federal assistance prior to paying for the cleanup itself.

The Department of Defense declined to comment on the allegations, citing the fact that the lawsuit had just been filed. Southshore has not responded to requests for comment. The former Lowry Range is not the only area in the Denver metro with potential munitions buried in the ground. William F. Hayden Park near Green Mountain in Lakewood also carries warnings for active munitions.

The Colorado National Guard used part of Green Mountain as a rifle range and training facility. During World War II preparations, the Guard leased land from the Hayden family to fire French 75 field guns. The Colorado Department of Public Health and Environment notes that unexploded 75mm artillery shells landed in that area. While no live shells have been found in the Green Mountain area in a long time, shrapnel was discovered there as recently as 2024.