BERGKAMP v. MARTIN

No. 16492.

759 P.2d 941 (1988)

114 Idaho 650

Richard J. BERGKAMP and Marilyn Bergkamp, husband and wife, dba Alpine Mexico Saloon, Plaintiffs-Appellants, v. Michael A. MARTIN and Karen T. Martin, husband and wife, Defendants-Respondents. and Thomas Carrico dba the Alpine Saloon; Gruener, Inc., an Idaho corporation; SNT, Inc., an Idaho corporation, Defendants.

Court of Appeals of Idaho.

Rehearing Denied July 29, 1988.


Attorney(s) appearing for the Case

Thomas C. Praggastis, Roark, Donovan, Praggastis, Elkins & Phillips, Hailey, for plaintiffs-appellants.

Robert M. Tyler, Jr., Elam, Burke & Boyd, Boise, for defendants-respondents.


SUBSTITUTE OPINION

The Court's prior opinion, dated December 4, 1987, is hereby withdrawn.

BURNETT, Judge.

This is the third appeal in an action for wrongful eviction of tenants from commercial property in Ketchum, Idaho. The issue presented this time is whether the district court correctly found that the terminated leasehold had no compensable value. For reasons explained below, we vacate the judgment and remand the case again.

I

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