Madden v. Union Pac. R.R. Co., No. 2:13-cv-00358-BLW, 2014 U.S. Dist. LEXIS 18509 (D. Idaho Feb. 11, 2014)

(plaintiffs filed an action in state court against defendant, a railroad company, seeking a prescriptive easement for a roadway the plaintiffs used to access their property; the roadway crossed the railroad company’s property; the railroad company sought to remove the action to federal court, but the district court granted the plaintiffs’ motion for remand; the railroad company failed to establish an amount of controversy exceeding $75,000 so as to establish diversity jurisdiction; the railroad company failed to establish that the value of the property at issue was more than $75,000 or that its cost of compliance with any resulting injunction would be greater than $75,000; the court denied the plaintiffs’ request for attorney fees).