Actor Kevin Costner fights in South Dakota Supreme Court over fate of Black Hills sculptures

Actor commissioned sculptures for a resort and casino that was never built

Sioux Falls lawyer Andy Damgaard argued on behalf of artist Peggy Detmers at the South Dakota Supreme Court on Wednesday, March 22, 2023. Detmers is suing actor Kevin Costner over the fate of sculptures she created in the 1990s. (David Bordewyk, South Dakota Newspaper Association)

BROOKINGS — Actor Kevin Costner wants to have his cake and eat it, too.

That’s essentially an argument Sioux Falls lawyer Andy Damgaard made to the South Dakota Supreme Court on Wednesday. Damgaard represents South Dakota artist Peggy Detmers, who brought a suit against Costner after the actor sought a buyer for a Black Hills tourist attraction that houses a group of sculptures Detmers created.

It’s the second go-round in court between the “Yellowstone” star and Detmers. In the first round, Costner won after the Supreme Court in 2012 ruled that Detmers agreed to the permanent placement of her work at the attraction owned by Costner. 

The second round was triggered when Costner listed the land and indicated that he would be moving the bronze sculptures to a different location without the consent of Detmers.

Damgaard told the Court Wednesday that Costner should have to live with the result of the first opinion, which Costner wanted.

 “She’s lived with that for a number of years, but now he has to live with that,” Damgaard said.

NEWS: U.S. Senate honors South Dakota's late Sen. Jim Abourezk