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SD Supreme Court hearing orals arguments in dispute between Black Hills artist, Kevin Costner

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Kevin Costner stands with bronze sculptures of bison and American Indians at his Tatanka attraction near Deadwood, S.D. Black Hills artist Peggy Detmers was commissioned to create the massive piece for a resort he planned in South Dakota’s Black Hills. That resort was never built but he instead placed the sculpture at his Tatanka attraction near Deadwood.

BROOKINGS, S.D. –  – South Dakota’s highest judicial authority will be on display in Brookings this week.

The first case the court will hear is set for Wednesday and is a second dispute between Kevin Costner and Peggy Detmers which dates back to the 1990s and involves the Hollywood actor’s involvement in the movie ‘Dances with Wolves.’

The Dunbar was never built and Detmers claims Costner broke their agreement when he placed the sculptures at Tatanka, a tourist attraction in the same location.

In a 2012 ruling, the Supreme Court affirmed a decision against Detmers’ action requiring Costner to sell the sculptures.

Now, Detmers is alleging Costner is advertising to sell the land where the Tatanka is located which would relocate the sculptures violating a prior opinion on the parties’ agreement “to permanent display of the sculptures at Tatanka.”

The circuit court has ruled in favor of Costner because Detmers’ claim has already been interpreted by the Supreme Court and the court has found Costner “fully performed and owed Detmers no continuing duty because she had no continuing rights regarding the location of the sculptures.”

Detmers wants to know if the circuit court erred in its interpretation of “permanent” and if Costner was free from his agreement to permanently display the sculptures at Tatanka.

Lawyers for Detmers are Andrew Damgaard and Russell Janklow, while lawyers for Costner are Stacy Hegge, Catherine Seeley and Daniel Ashmore.

The members of the South Dakota’s Supreme Court are Chief Justice Steven Jensen, Janine Kern, Mark Salter, Patricia DeVaney and Scott Myren.

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