2002 U.S. Dist LEXIS 15217, '
<br />controversy exceeds $ 75,000, other than to state the
<br />following: "[Plaintitf] seeks a declaration that it is
<br />entitled to possession of real property claiming that it has
<br />title to the subject tract and all improvemenzs. The value
<br />of the tract and fertilizer plant clearly exceeds the
<br />jurisdictional minimum of $ 75,000. Accordingly, the
<br />amount in controversy requirement is satisfied."
<br />Defendant's notice contains only two additional
<br />references to monetary amounts. First, Defendant claims
<br />that it acquired the Boos Brothers' interest in the
<br />Missouri River tract, as well as other property rights of
<br />the Boos Brothers, ['S] in 2977 for $ 300,000. Second,
<br />Defendant contends that it owns and has paid all of the
<br />personal and real property taxes on the Missouri River
<br />tract for the past twenty-five years. Defendant does not
<br />outline the specific amount'of taxes paid in the notice of
<br />removal.
<br />II. STANDARD FOR REMAND
<br />(HNl] A defendant may remove a case filed in state
<br />court only if the plaintiff could have filed suit in federal
<br />court originally. 28 U.S.C. § 1441(a). "If at any time
<br />before final judgment it appears that the distriM court
<br />lacks subject matter jurisdiction, the case shall be
<br />remanded." Id. § 1447(c). As the party invoking the
<br />federal court's jurisdiction, the defendant carries the
<br />burden of demonstrating that the requirements for
<br />exercising jurisdiction are present. Martin v. Franklin
<br />Capital Corp., 251 F.3d 1284, 1190 (10th Cir. 2001)
<br />(citation omitted). "Because the courts of the United
<br />States are courts of limited jurisdiction, there is a
<br />presumption against federal jurisdiction." Frederick &
<br />Warinner v. Lundgren, 962 F. Supp. 1580, /582 (D. Kan.
<br />1997) (citing Basso v. Utah Power & Light Co., 495
<br />F1d 906, 909 (10th Cir. 1974)). (*6) "Doubtful cases
<br />must be resolved in favor of remand." Thurkill v.
<br />Menninger Clinic, Inc., 72 F. Supp. Zd 1232, 1234 (D.
<br />Kan. 1999) (citing Laughlin v. Kmart Corp., SO Fad
<br />871, 873 (10th Cir. 1995) (further citations omitted)).
<br />III. DISCUSSION
<br />Plaintiff seeks to remand this case on two grounds. First,
<br />Plaintiff contends that the court tacks diversity subject
<br />[natter jurisdiction over the case because Defendant
<br />cannot show that the amount in controversy exceeds $
<br />75,000. Second, Plaintiff azgues that one of Defendant's
<br />counterclaims against Plaintiff requires joinder of a
<br />party, the State of Kansas, over which the court cannot
<br />acquire jurisdiction pursuant fo tbe Eleventh Amendment
<br />of the United States Constitution. Plaintiff also requests
<br />that the court award it the costs and attorney fees it has
<br />expended in moving to remand the action to state court.
<br />A. Amount in Controversy [HIJ2J In the Tenth
<br />Circuit, "the amount in controversy is ordinarily
<br />Page 3
<br />determined by the allegations of the complaint, or, where
<br />they aze not dispositive, by the allegations in the notice
<br />of removal." Laughlin, 50 Fad at 873 (citing Lonnquist
<br />v. J C. Penney Co., 421 F.1d 597, 599 (10th Cir. 1970)).
<br />(•7J The defendant must "set forth, in the notice of
<br />removal itself, the 'underlying faczs supporting [the]
<br />assertion that the amount in controversy exceeds [$
<br />75,000]'" Id. (quoting Gaul v. Miles, Inc., 980 F1d 564,
<br />567 (9th Cir. 1991)). The defendant must establish the
<br />requisite jurisdiMional amount in controversy by a
<br />preponderance of the evidence. Martin, 251 Fad at
<br />1290 (citations omitted). Coaclusory allegations of
<br />jurisdiction aze insufficient, Honeycutt v. Dillard's, /ne.,
<br />989 F. Supp. 1375, 1377 (D. Kan. )997) (citing Gaus,
<br />980 F.2d at 567), and "after-the-fact-zationalization[s]"
<br />that the defendant has met its burden will not be
<br />considered by tht court, Alley v. Am Med. Sys., No. 98-
<br />2217- KHV, 1998 WL 596715, at '2 (b. Kan. July 22,
<br />1998) (citing Gray v. NY. Lije Ins. Co., 906 F Supp.
<br />628, 637 (N.D. Ala. 1995)).
<br />Plaintiff did not allege an amount in controversy in its
<br />petition in dtis case. Plaintiff requested only that the
<br />court "awazd to Plaintiff from Defendant, the possession
<br />of the Property; award to Plaintiff, from Defendant,
<br />Plaintiffs costs of collection ['8) incurred herein,
<br />including reasonable attorneys' fees; and grant Plaintiff
<br />such other and further relief as the Court deems just and
<br />proper." Therefore, under Laughlin, the court is limited
<br />to examining whether the underlying facts advanced by
<br />Defendant in its notice of removal establish by a
<br />prepondemnce of the evidence that the amount in
<br />controversy exceeds $ 75,000.
<br />[HN3] Where, as here, a plaintiff seeks injunctive or
<br />equitable relief related to possession of property, "the
<br />amount in controversy is the value of the realty duectly
<br />affected." Sanchez v. Taylor, 377 F2d 733, 736 (10th
<br />Cir. 1967) (citations omitted); A. C. McKoy, Inc. v.
<br />Schonwald, 34/ FId 737, 739 (10th Cir. 1965) (citations
<br />omitted); Ronzio v. Denver & R.G.W.R. Co., 116 F1d
<br />604, 606 (10th Cir. 1940) (citations omitted). The court
<br />may examine the value of the realty from the perspective
<br />of either the plaintiff ar the defendant Ronzio, !I6 F.Zd
<br />ae 606 (citations oadtted).
<br />Defendant has not advanced sufficient underlying facts
<br />in its notice of removal to establish that the value of the
<br />Missouri River tract, from the perspective of either ["9]
<br />party, exceeds the jurisdictional arinunum of $ 75,000.
<br />Most importantly, Defendant's notice of removal never
<br />provides the court with a specific allegation of the
<br />amount in controversy. Defendant alleges in its notice
<br />only that: "[Plaintiff] seeks a declaration that it is entitled
<br />to possession of real property claiming that it has title to
<br />
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