Aurora developer seeks federal reimbursement for war bomb cleanup

A real estate investment company has filed a lawsuit demanding the United States Department of Defense cover the costs associated with removing unexploded military ordnance from a former bombing range in southeast Aurora.

Southshore Recovery Acquisition, LLC, based in New York, filed the complaint on October 26 in a federal court. The suit argues that the federal government is liable for the cleanup because the 105-acre plot was once part of the Lowry Bombing and Gunnery Range. The company states it has spent more than $700,000 on remediation efforts to clear the site.

The Lowry range operated as an active military facility from 1937 until approximately 1963. According to the Colorado Department of Public Health and Environment, the site was used for bombing training and firing exercises during World War II, the Korean War, and the Vietnam War. Various branches of the military, including the Air Force, Army, Navy, and Air National Guard, conducted practice missions on the land. The lawsuit details that the area contained seven bombing targets, a rocket and gunnery target, nine air-to-ground flexible gunnery targets, a jeep range, and three training camps.

Southshore claims that when it acquired the property, the land was not designated as an area of concern for live munitions. A previous developer purchased the land from the federal government in 2009, and Southshore took ownership in 2011. The property remained undeveloped until the company identified the presence of unexploded ordnance. Both the Colorado Department of Public Health and Environment and the City of Aurora required risk reduction measures before construction could begin.

Remediation work took place over several months in 2020. Workers identified 5,739 targets and 274 safe items. The inventory included 20mm practice rounds, a rocket warhead, a fuze, and more than 424 pounds of .50 caliber ammunition. Although no armed explosives were discovered, the lawsuit notes that it is impossible to distinguish between live and inert ordnance while the items are buried. Classification can only occur after the objects are removed and examined.

After the state agency approved the cleanup, Southshore sold the land to Richmond American Homes on August 26, 2020. The company asserts that it sent the cleanup report to the Army Corps of Engineers before beginning the work. Despite this, Southshore states it has not received reimbursement for the hazardous material removal. The Department of Defense declined to comment on the case, citing that the lawsuit was filed recently. Southshore did not respond to a request for comment.

The Lowry site is not the only location in the Denver metropolitan area with potential munitions hazards. William F. Hayden Park in Lakewood still displays signs warning hikers of active munitions. The Colorado National Guard used part of Green Mountain within the park as a rifle range and training facility. During the lead-up to World War II, the Guard leased land from the Hayden family to fire French 75 field guns. According to the CDPHE, this activity left unexploded 75mm artillery in the area.

While no live shells have been found in the Green Mountain area in recent years, shrapnel was recovered as recently as 2024. The CDPHE community relations plan documents these findings. Jefferson County also posted warnings on social media in May regarding potential artillery shells in the region. The presence of these historical artifacts continues to influence development and safety protocols across the metro area.