S. Dakota Supreme Court hears Cost­ner case

The Washington Times Daily - - Life -

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.

TELE­GRAPH HER­ALD VIA AS­SO­CI­ATED PRESS

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.

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