SD court hears artist's appeal of Costner contract

March 19, 2012 - 4:46 PM
Costner Sculpture Lawsuit

FILE - In this 2003 file photo provided by Touchstone Pictures via RPNewsFoto, actor Kevin Costner stands with bronze sculptures of bison and American Indians at his Tatanka attraction near Deadwood, S.D. The South Dakota Supreme Court on Monday, March 19, 2012, will hear an appeal of ruling that found Costner did not breach a contract with an artist whom he commissioned to produce the sculptures. The sculptures were commissioned 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. (AP Photo/PRNewsFoto/Touchstone Pictures, File)

VERMILLION, S.D. (AP) — 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 superstar, 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 never was built and the sculptures are instead at his Tatanka attraction near Deadwood.

Detmers said she spent more than six years creating the artwork and gave Costner a price break because she anticipated selling smaller sculptures at the resort.

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 last July that 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.

Kyle Wiese, one of two lawyers representing Costner at Monday's hearing, noted Detmers took part in the construction and mock up process and ground breaking ceremony at Tatanka in June 2003.

"All of this conduct — taking part in the dedication ceremony and giving a speech — indicated she was agreeable to put these sculptures at this location for the long term," Wiese said. He added that Costner said he would not have put nearly $6 million of his own money into building the Tatanka site if Detmers had not been agreeable to the location.

The Tatanka site is located on 85 acres of land next to 915 acres of land where Costner had envisioned building The Dunbar.

Detmers' lawyer, Andrew Damgaard, concedes Detmers agreed to the placement in 2003 at Tatanka. But he said she was under the impression The Dunbar still would be built.

"It's very clear from the record that people were telling her the resort was intended to be built, that it was intended to be built on that property," he said.

Costner did not attend Monday's hearing. The Supreme Court will issue a written decision at a later date.

________

Follow Kristi Eaton on Twitter at http://twitter.com/kristieaton .