|Court rules for Kevin Costner in sculpture appeal |
Actor Kevin Costner stands with bronze sculptures of bison and American Indians at his Tatanka attraction. AP Photo/PRNewsFoto/Touchstone Pictures, File.
By: Chet Brokaw, Associated Press
PIERRE, SD (AP).- The South Dakota Supreme Court ruled Thursday that actor Kevin Costner did not breach a contract with an artist when he placed commissioned sculptures of bison and American Indians at a different site than was originally planned.
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 to build on the edge of the Black Hills gambling town of Deadwood. The resort never was built and the sculptures instead are at his Tatanka attraction near the proposed resort site.
A later contract said if the resort was not built within 10 years or the sculptures were not "agreeably displayed elsewhere," the sculptures would be sold with Costner and Detmers sharing the proceeds.
Detmers said she spent more than six years creating the sculptures and gave Costner a price break because she anticipated selling smaller reproductions of the sculptures at the resort.
The artist contended in a lawsuit filed in 2008 that because The Dunbar was not built and the sculptures were not "agreeably displayed elsewhere," the artwork should be sold and she should get 50 percent of the sale proceeds.
But a circuit judge ruled in July that Detmers indicated her approval of the Tatanka location by participating in the site's development and several events related to its opening in 2003. The Tatanka site, located next to the land where Costner had planned to build The Dunbar, houses the sculptures, a museum and a visitor center.
Detmers argued that she agreed to the placement of the sculptures at the Tantanka site because she was under the impression The Dunbar would still be built.
The Supreme Court unanimously agreed with Circuit Judge Randall L. Macy's finding that Detmers never received any promise or guarantee that the resort would be built. Detmers knew the resort's future was questionable, the high court said.
The justices also upheld the trial judge's ruling that the sculptures have been "agreeably displayed elsewhere," and that the Tatanka site was separate from the Dunbar site.
Detmer's lawyer, Andy Damgaard of Sioux Falls, said he is disappointed but accepts the Supreme Court's ruling.
"At this point, we know we did everything we could do," Damgaard said.
Kyle Wiese of Rapid City, one of Costner's lawyers, said he had no immediate comment on the ruling.
Copyright 2012 The Associated Press.
May 11, 2012
Archaeologists find ancient Mayan workshop for astronomers in northeastern Guatemala
Dublin showcases earliest photos of baby-faced U2 by photographer Patrick Brocklebank
Unemployed Ohio man's luck changes with signed Pablo Picasso print found in local thrift store
Van Gogh museum in Amsterdam unveils new willow watercolor; first addition in five years
Sayed Haider Raza's masterpiece La Forge to make its auction debut at Sotheby's
Exhibition of new work by British artist Richard Deacon opens at Lisson Gallery in London
Lichtenstein, Lowry and Chagall among the highlights of the exhibition programme for 2013 at Tate
Solo exhibition of new work by Ari Marcopoulos opens at Marlborough Chelsea
Larger than Life: René Burri's most iconic and celebrated works at Atlas Gallery
Exhibition of lithographs, etchings and mixed media works by Henry Moore opens at Steven Vail Fine Arts
Art hub of Asia to welcome tens of thousands of stakeholders at International Art Festival, ART HK 12
Dramatic suspended sculptures of operatic costumes by artist E.V. Day exhibited at the Meadows Museum
5th Annual Luminaria: San Antonio's largest art fest attracts even more visitors this year
Court rules for Kevin Costner in sculpture appeal
'Pure Chinese' bronze earns 25 times its high estimate at Sterling Associates' estate art and antiques auction
Bonhams to sell 252 year old wine glass that recalls bloody business of legal piracy on the high seas
"From Rossetti to Voysey: Arts & Crafts Stamped Book Cover Design" opens at Blackwell
James Clarkson explores the relationships between art and the history of design at Rod Barton Gallery
Contemporary Chinese artist Zheng Chongbin exhibits at Flo Peters Gallery in Hamburg
Most Popular Last Seven Days
1.- Ancient erotic frescoes get makeover at the Contemporary Art Museum in Casoria
2.- One million dollar Pablo Picasso painting yours for just $135 in online charity raffle
3.- Robert L. Oswald, Brother of Lee Harvey Oswald Disputes Last Week's Sale of Coffin
4.- Australian psychedelic artist Martin Sharp, who designed posters for Jimi Hendrix and Bob Dylan, dies
5.- Skull find shows young women were sacrificed in China more than 4,000 years ago
6.- Istanbul monastery, considered the most important of Constantinople, 'to be turned into mosque'
7.- Detroit Institute of Arts statement regarding City of Detroit's eligibility to file for bankruptcy
8.- Christie's sets a new world auction record for a painting by Edward Hopper
9.- Ryan O'Neal defends taking ex-lover's Warhol picture in University of Texas lawsuit
10.- French film and installation artist Laure Prouvost wins Great Britain's Turner prize
Museums, Exhibits, Artists, Milestones, Digital Art, Architecture, Photography,
Photographers, Special Photos, Special Reports, Featured Stories, Auctions, Art Fairs,
Anecdotes, Art Quiz, Education, Mythology, 3D Images, Last Week, .
|Royalville Communications, Inc|