Check Cashing Out On Route 35

The Board of Adjustment when it meets Wednesday will not hear an application for a check cashing business on Route 35 as scheduled because the owners, who have dropped a lawsuit against the town, have asked for a delay while the they look for another location.

Be-Av-Mar Financial Services recently dropped a lawsuit against the town over a zoning ordinance passed last year banning check cashing businesses from Route 35, where the business set up shop.

The suit — filed last year in Monmouth County Superior Court — says the township ordinance barring check cashing companies from the town’s commercial corridor violates federal and state equal protection laws by discriminating against the business and its customers.

The ordinance was adopted by the Township Committee in February, 2011, but it is inconsistent with the township’s Master Plan, which designates Route 35 as a retail center of town, including commercial banking and check cashing, according to the suit. Be-Av-Mar sought to have the ordinance voided.

Be-Av-Mar owners or managers declined to comment Wednesday. The company’s attorney, Roger J. McLaughlin, said the suit was dropped while the company looked for its “permanent’’ location, which could happen within 30-45 days.

“Our client is exploring other options on that right now,’’ said McLaughlin, of the township-based firm McLaughlin Stauffer & Shaklee.

The lawsuit was dropped without prejudice, meaning it would be allowed to be filed again. The company was allowed to operate in the current location while the lawsuit was active. McLaughlin also said the company has asked for a delay in the application before the Board of Adjustment.

Be-Av-Mar manager Ed Beach has said that while cashing checks is only a portion of the business -- which also does tax preparation, mortgages, 401k investments, bill paying and money orders -- the check-cashing aspect garners more public attention.

, Be-Av-Mar put up the “check cashed” sign in February, which caused the Township Committee to respond with the new ordinance, Beach has said.

Committeeman George Newberry has said Be-Av-Mar never mentioned check cashing at that meeting. Beach has denied that.