The U.S. Air Force must reimburse homebuilders at the former Lowry Air Force base for the cost of cleaning up asbestos on the redevelopment site, according to a ruling announced today by attorneys at Brownstein Hyatt Farber Schreck.
Five homebuilders – Richmond American Homes of Colorado Inc., Metropolitan Development IV LLC, Metropolitan Builders Inc., Standard Pacific of Colorado Inc. and Touchstone Homes LLC – sued the Air Force after incurring costs of $9 million to clean up land they purchased from the Lowry Redevelopment Authority.
Asbestos was discovered in the soil after the homebuilders bought the land from the Lowry Redevelopment Authority, the quasi-governmental entity charged with redeveloping the former Air Force base. The asbestos was traced to buildings that were previously demolished on the site.
Attorneys for Brownstein Hyatt Farber Schreck described the ruling by the U.S. Court of Federal Claims as one of national importance because it is the first judicial decision in the country interpreting Section 330 of the National Defense Authorization Act.
The ruling will likely impact other parties affiliated with the redevelopment of other military properties, the firm said.
