When Brandon Fulton bought the 27-acre property he plans to turn into a community ranch just outside Atlanta, he had no idea he’d end up spending as much time in a courtroom as he would developing his land.
In the 10 years he has owned the property, Fulton has been in court dozens of times for charges ranging from citations for ordinance violations to felony animal cruelty charges that were later dropped by prosecutors.
“All they’re doing is trying to scare me from progress,” Fulton told Capital B Atlanta.
The horseman and DJ was back in court Wednesday, this time after the city of South Fulton issued a citation for burning trees on his property. The court date comes just days after he was handcuffed but not arrested by a South Fulton police officer on allegations of obstructing justice while a fire marshal served him with another citation for burning.
“I’m not trying to do anything illegal,” Fulton said. “But they don’t govern agriculture much in the city of South Fulton, they usually deal with industrial, residential or commercial, [and] they don’t have the right to burn the way I burn.”
Each summer, the Georgia Environmental Protection Division bans open burning in the 54 counties surrounding the Atlanta metro area to prevent air pollutants from reaching unhealthy levels in the atmosphere.
Fulton’s land sits on the corner of Butner Road and Camp Creek Parkway, a rapidly developing area. His property is zoned as agriculture, however, one of the exceptions listed on the environmental division’s website. For residents who want to burn, the city’s website directs them to contact the state for a permit, which Fulton says he showed the fire marshal who issued the citation.
South Fulton officials did not respond to Capital B Atlanta’s request for comment in time for publication.
Next month, Fulton has another court date in connection with an incident last week when he was put in handcuffs and cited again for burning during the summer burn ban.
Fulton told Capital B Atlanta he is trying to have both cases moved from municipal court to state court because open burning is regulated by the state, which overrides the city government.
In addition to the citations, Fulton is actively trying to sue the Fulton County Board of Commissioners in federal court for damages related to the horses that were seized from him when he was charged with felony animal cruelty.
Although the charges were dropped, the county has refused to return the horses or pay him the $250,000 his lawyers estimated the animals are worth. The case is currently pending in the U.S. Court of Appeals for the 11th Circuit.
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