Southshore Recovery sues DoD to recover $700,000 in WWII bomb removal fees

Southshore Recovery Acquisition, LLC, filed a lawsuit against the Department of Defense on Oct. 26, seeking reimbursement for the cost of removing unexploded ordnance from a 105-acre parcel in Arapahoe County. The New York-based real estate investment firm alleges it has spent more than $700,000 to clear the site of military debris left behind by decades of bombing operations. The company is now seeking to force the federal government to cover those expenses.

The property is located within the Southshore community in southeast Aurora. It was formerly part of the Lowry Bombing and Gunnery Range, an active military installation that operated from 1937 until approximately 1963. The site was used for bombing training and firing ranges during World War II, the Korean War, and the Vietnam War. Military branches including the Army, Navy, Air Force, and Air National Guard utilized the location for practice.

According to the complaint, the land contained seven bombing targets, a rocket and gunnery target, nine air-to-ground flexible gunnery targets, a jeep range, and three training camps. The lawsuit states that 84 bombing missions were conducted on the land between July and December 1952 alone.

Southshore acquired the land in 2011 after it was purchased by a different developer in 2009. The company asserts that the specific plot was not listed among areas of concern for live munitions in management plans created by the U.S. Army Corps of Engineers. However, after discovering the extent of the threat, the Colorado Department of Public Health and Environment and the City of Aurora required risk reduction measures before development could begin.

In 2020, cleanup crews identified 5,739 targets and 274 items classified as safe. These items included 20mm practice rounds, a rocket warhead, a fuze, and more than 424 pounds of .50 caliber ammunition. The lawsuit notes that no armed explosives were found, but argues that live and inert ordnance cannot be distinguished while buried in the ground. They can only be classified after removal and examination.

Following the cleanup, Southshore sold the land to Richmond American Homes on Aug. 26, 2020. The company claims it was never reimbursed for the hazardous material removal and is now seeking that payment from the Defense Department. The suit alleges that Southshore sent the cleanup report to the Army Corps before beginning the work, though it does not specify if a formal request for federal cleanup was made prior to the private expenditure.

The former Lowry Range is not the only site in the Denver metro area with potential munitions issues. William F. Hayden Park in Lakewood still displays signs warning hikers of active munitions beneath the surface. 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 unit leased land from the Hayden family to fire French 75 field guns, leaving unexploded 75mm artillery in the area.

While no live shells have been discovered in the Green Mountain area in recent years, shrapnel was found as recently as 2024. The Department of Defense stated it would not comment on the case because the lawsuit was filed recently. Southshore did not respond to requests for comment on the matter.