Aurora developer sues Pentagon over WWII bomb cleanup costs

Southshore Recovery Acquisition, LLC, has filed a lawsuit against the U.S. Department of Defense to recover more than $700,000 in cleanup expenses. The New York-based real estate investment firm alleges it was responsible for removing unexploded bombs and unused munitions from a 105-acre plot in Arapahoe County.

The complaint was filed on Oct. 26. The property, located in the Southshore community in southeast Aurora, was part of the Lowry Bombing and Gunnery Range. According to the suit, the U.S. Army Corps of Engineers and the Colorado Department of Public Health and Environment had previously managed the site, but old rounds continue to surface.

Southshore argues that the land it acquired in 2011 was not listed as an area of concern for live munitions in the Corps' management plan. The company states it purchased the property from the U.S. government through a previous developer in 2009. After discovering the extent of the unexploded ordnance, state and local authorities required risk reduction measures before development could proceed.

During several months of work in 2020, crews identified 5,739 targets and 274 safe items. The removed materials included 20mm practice rounds, a rocket warhead, a fuze, and over 424 pounds of .50 caliber ammunition. The lawsuit notes that live and inert ordnance cannot be distinguished while in the ground and can only be classified after removal.

Southshore sold the land to Richmond American Homes on Aug. 26, 2020, after the CDPHE approved the cleanup. The company claims it sent the cleanup report to the Army Corps before beginning work but has not been reimbursed for the hazardous material removal. The suit does not specify if the company requested federal intervention before paying for the cleanup itself.

The Department of Defense declined to comment on the allegations, citing the recent filing date. Southshore has not yet responded to requests for comment. The former Lowry Range was an active military site from 1937 to approximately 1963, hosting bombing targets, gunnery ranges, and training camps for multiple branches of the military during World War II, the Korean War, and the Vietnam War.

Other Denver metro areas still contain potential munitions. William F. Hayden Park near Green Mountain in Lakewood has warning signs for active bombs. The Colorado National Guard used part of the park as a rifle range, and shrapnel was found in the area as recently as 2024. Jefferson County warned residents in May about potential artillery shells in the region.