A South Dakota Supreme Court ruling has sent a case involving actor Kevin Costner and a Black Hills sculptor back to a lower court.
The ruling, issued Thursday, does not end the years-long legal battle between the two parties, but it could be a partial blow to Costner's case. It includes an order requiring the lower court to change a key interpretation that helped Costner prevail the first time around.
The case centers around a contract dispute between Costner and sculptor Peggy Detmers. In the early 1990s, Costner commissioned Detmers to create 17 large bronze sculptures of buffalo and Lakota warriors at the Dunbar, a luxury resort Costner was planning to build near Deadwood.
The Dunbar was never built. Costner and Detmers eventually agreed to place the sculpture on Costner's land. The site, which included a visitor center, became known as "Tatanka."
Detmers sued Costner in 2008, arguing the contract required Costner to sell the sculptures and split the profits with her if the resort was not built. The state Supreme Court ruled in Costner's favor, saying permanently placing the sculptures at Tatanka satisfied the terms of the contract.
In 2021, Costner listed the Tatanka property for sale. The notice of sale stated the sculptures would be moved.
Detmers again sued Costner, arguing that moving the sculptures would trigger the contract clause requiring Costner to sell the sculptures and split the profits. Costner argued the issue was already settled in the initial lawsuit. A South Dakota circuit court ruled in Costner's favor. Detmers appealed.
The state Supreme Court remanded the case back to the circuit court, but with a key stipulation. In the justices unanimous opinion, they said it is clear the dispute over Costner's right to move the sculptures was not adjudicated in Detmers' initial lawsuit filed in 2008. The opinion stated that case focused exclusively on Costner's responsibility to construct a resort. The justices said the lower court erred and ordered it to reconsider the case under the presumption that the dispute over moving the sculptures was not previously resolved.
Ultimately, the case now rests in the hands of the circuit court. If it rules in Detmers' favor, Costner can still move the sculptures, but he'll be forced to sell them and split the profits with Detmers per the contract agreement.
The state Supreme Court ruled in Costner's favor in a third element of the case. Detmers argued Costner simply listing Tatanka for sale was an "anticipatory breach" of the contract. The justices disagreed, saying in their opinion that even if Costner relocates the sculptures without Detmers' permission, it would not be a breach of contract. Rather, it would simply trigger the portion of the contract requiring Costner to sell the sculptures.
