A longstanding dispute between actor Kevin Costner and a local artist went before the state supreme court for the second time Wednesday.
In the early 1990s, Costner hired Peggy Detmers to create a series of sculptures for a resort he planned to build near Deadwood. The 17 sculptures depict three Lakota warriors hunting several buffalo.
After plans for the resort stalled, Detmers signed a contract stating if the project was never completed, the statues would be sold or “agreeably placed elsewhere.”
Development on the resort continued to stall, but in 2003 the statues were placed on the property as a standalone attraction called Tatanka. Detmers sued, arguing the arrangement violated the terms of her contract with Costner.
In 2012, the Supreme Court upheld a lower court ruling that Costner satisfied the contract, citing a phone conversation between the parties in which they agreed to the Tatanka location.
In fall 2021, Costner posted a real estate listing for the Tatanka property noting the statutes “will be relocated by seller." Detmers filed another lawsuit, arguing Costner intended to break their ongoing agreement.
Her attorney argued the 2012 decision created an “implied contract” that Tatanka would be the “final location” for the statues.
“A party unilaterally moving the sculptures would be a breach of that implied contract,” said Sioux Falls lawyer Andrew Damgaard in oral arguments before the court.
Instead of remanding the case to the lower court, Damgaard asked the Court to issue a judgement. He argued that “as a matter of law” it can order Costner to give Detmers rights to the statues if they're moved.
The trial court held that Detmers’ argument was precluded by the Court’s decision in the 2012 case. Costner’s counsel reiterated that argument, stating the Court can not review issues that parties previously had a “full and fair opportunity” to litigate.
“If she wanted to argue that there are any continuing obligations under that paragraph, she could have and should have done so at that time,” lawyer Stacy Hegge told the Court.
Hegge maintained Costner is no longer bound by the contract.
“She can not now resurrect that satisfied obligation, or ask the court to impose new obligations,” she said.