ATLANTA — A panel of 12 federal appeals court judges heard oral arguments Tuesday in the case of a South Fulton man whose horses were seized nearly a decade ago following an animal cruelty allegation.
The case dates back to 2016, when Urban horseman Brandon Fulton, also known as Brannu, was accused of animal cruelty.
“Ten years ago, the county seized several of Brandon Fulton’s horses, the state dropped the charges they had brought against him a year later, but the county kept the horses and never paid him just compensation,” said Brian Williams, Fulton’s attorney.
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Fulton said he was stunned to learn that the horses were being sold shortly after his arrest.
“I was never indicted. It’s two months later, and these people are already selling the horses. I’m supposed to be innocent until proven guilty, so how are you selling my property,” Fulton said.
His attorneys are arguing the county’s actions violated the Fifth Amendment’s Takings Clause, which generally requires the government to provide just compensation when it takes private property for public use.
“This is an important case about the Takings Clause and the basic right to get just compensation when the government takes your property, so this decision will set an important precedent,” Williams said.
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During oral arguments, the county would not concede that there had been a taking of Fulton’s property.
After the hearing, the county’s attorney declined to comment.
“I’m just shocked it’s taken this long to come to a solution,” Fulton said. “I was never indicted. My case got dismissed, so why not just return the animals.”
Fulton told Channel 2’s Eryn Rogers after the hearing that he wants the county to make it right.
“I’m just looking for compensation now because who knows where the horses are,” Fulton said.
Fulton’s attorneys said they are not sure how long it will take for the appeals court to issue a ruling.
Once a decision is issued, either side could seek review by the U.S. Supreme Court. The case could also return to federal district court in Atlanta, where both sides would have an opportunity to present evidence.
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