Supreme Court of Connecticut
Merscorp Holdings, Inc. v. Malloy
February 23, 2016
Summary
The court affirmed summary judgment for the state, holding that Connecticut’s higher recording fees for mortgage nominees using the MERS system survived equal protection and dormant Commerce Clause challenges. The classification had rational relationships to legitimate revenue and public-recording interests, and the fees neither facially discriminated against interstate commerce nor imposed an undue burden on the national mortgage market. The court also rejected the plaintiffs’ substantive due process, bill of attainder, and related statutory claims, while noting that the takings claims were not appealed.