Uxbridge board hears about Marchand case that cost town thousands in legal and FOIA work

Board members on June 18 were updated on a persistent local permitting and legal dispute involving Michael Marchand of Marchand Biometal that has generated several court appearances and costs to the town.

Staff told the Town of Uxbridge Board of Health that Marchand’s matter had led to three court appearances by the town and that, as of June 12, the town had incurred $4,537.45 in council fees. Staff also said Marchand submitted two Freedom of Information Act requests covering five years of emails that required extensive review and redaction by counsel and town IT staff, adding materially to staff time and legal expense.

“Missy spent about 12 hours going through all the requested documents,” a staff member reported, and town IT assembled more than 900 records per folder that must be reviewed for privilege. Meeting participants noted the FOIA processing cap referenced in the discussion (a $25/hour lowest‑paid-rate statutory limit mentioned by staff) and that fee recoveries to date do not cover the full expense the town has borne.

Board members described difficulty enforcing a prior court‑issued cease‑and‑desist order. Staff said the court had ordered Marchand not to operate until permitted but that the town received video indicating operation continued during that period. The meeting record shows the board weighed the uncertain evidentiary path for contempt or additional court enforcement and noted limits on the town’s ability to prove and enforce such violations.

Town staff also described a disputed vehicle identification tied to the alleged operations: a truck seen in videos bore a cardboard sign reading “leased by Valley Disposal,” and Valley Disposal gave inconsistent statements about whether it owned or leased the truck at the time. Board members said those conflicting statements complicate potential legal follow‑up.

Staff reported Marchand now holds certain permits (for portable toilets and some trash hauling activities) and explained how the town maintains an online list of approved haulers, which the board discussed updating to include contact information for permitted providers. The board did not take any formal enforcement motion during the meeting.

The town’s counsel is handling the FOIA redaction work and related legal matters; staff said further costs are expected as counsel completes review. The board asked staff to consider drafting a letter asking Marchand why he requested agenda time in July but a member recommended consulting counsel before sending any such letter.

Next steps noted in the meeting: staff will continue to work with town counsel on the FOIA processing and any court follow‑up; the town will maintain its hauler posting and consider messaging to residents about permitted haulers.