Bergkamp v. Martin

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The Court’s prior opinion, dated December 4, 1987, is hereby withdrawn.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

The facts are fully set forth in prior appellate opinions. See Bergkamp v. Carrico, 101 Idaho 365, 613 P.2d 376 (1980) (hereinafter cited as Bergkamp I), and Bergkamp v.…