Aurora Developer Sues Defense Department Over WWII Munitions Cleanup Costs

Southshore Recovery Acquisition, LLC, filed a lawsuit against the U.S. Department of Defense on Oct. 26 to recover costs associated with removing unexploded ordnance from a 105-acre plot in Arapahoe County. The New York-based real estate investment firm claims it has spent more than $700,000 cleaning the site and seeks federal reimbursement for the work.

The property, located in the Southshore community of southeast Aurora, was part of the Lowry Bombing and Gunnery Range. The U.S. military used the 100-square-mile area for bombing and firing exercises from 1937 until approximately 1963. According to the Colorado Department of Public Health and Environment, the Air Force, Army, Navy, and Air National Guard all conducted training operations there during World War II, the Korean War, and the Vietnam War.

Southshore states that the specific parcel it purchased in 2011 was not designated as an area of concern for live munitions in the Army Corps of Engineers management plan. The company acquired the land from a different developer who had bought it from the federal government in 2009. After discovering the extent of the threat posed by unexploded ordnance, the CDPHE and the City of Aurora required risk reduction measures before development could proceed.

In 2020, contractors identified 5,739 targets and 274 items considered safe for disposal. The inventory included 20mm practice rounds, a rocket warhead, a fuze, and more than 424 pounds of .50 caliber ammunition. The lawsuit argues that live and inert ordnance cannot be distinguished while in the ground and can only be classified after removal and examination.

After the CDPHE approved the cleanup, Southshore sold the land to Richmond American Homes on Aug. 26, 2020. The developer contends that it sent the cleanup report to the Army Corps before beginning the work but has not received reimbursement. The lawsuit does not specify whether the company formally requested federal cleanup assistance before proceeding with the removal itself.

The Department of Defense declined to comment on the case, citing the recent filing date. Southshore has not responded to requests for comment. The former Lowry Range is not the only site in the Denver metro area with residual munitions, as officials in Jefferson County have also issued warnings about potential artillery shells near Green Mountain.