S. Dakota Supreme Court hears Costner case
A lawyer for Kevin Costner told the South Dakota Supreme Court on Monday that the actor did not breach a contract with an artist when he placed commissioned sculptures of bison and American Indians at a different site than originally was agreed upon.
The Hollywood star, who filmed much of his Academy Award-winning movie “Dances With Wolves” in South Dakota, paid Peggy Detmers $300,000 to make 17 bronze sculptures for a resort called the Dunbar he planned in the state’s Black Hills. The resort was never built, and the sculptures are instead at his Tatanka attraction near Deadwood.
According to the Associated Press, Miss Detmers said she spent more than six years creating the artwork and gave Mr. Costner a price break because she anticipated selling smaller sculptures at the resort.
Miss Detmers claims that because the Dunbar was not built and the sculptures were not “agreeably displayed elsewhere,” as the contract stipulates, that the sculptures should be sold and she should be entitled to 50 percent of the proceeds.
But a circuit judge ruled in July that Miss Detmers indicated her approval of the Tatanka location by participating in the site’s development and several events related to its opening.
The Tatanka site houses the sculptures, a museum and a visitor center. It is located on 85 acres of land next to 915 acres of land where Mr. Costner had envisioned building the Dunbar.
Miss Detmers’ lawyer, Andrew Damgaard, acknowledges she agreed to the placement in 2003 at Tatanka. He said she was under the impression the Dunbar still would be built.
The comedian Gallagher, known for smashing watermelons with a sledgehammer, is moving around and telling jokes after being taken out of the medically induced coma he entered following a heart attack last week.