Frum v. Little Calumet River Basin Development Commission

GARRARD, Presiding Judge.

This is an appeal from a judgment in favor of The Little Calumet River Basin *810Development Commission (Commission) in the taking phase of an eminent domain action brought by it to condemn property owned by Robert Frum, Virginia Frum and Lefty's Coho Landing, Inc. (landowners). The landowners raise the following issues on appeal:

1) whether the statute giving the Commission the power of eminent domain is unconstitutional because it gives the Commission the authority to lease taken property to a private party thereby making the use a private rather than a public one; and

whe…