Detmers v. Costner
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The Supreme Court affirmed in part and reversed in part the decision of the circuit court granting summary judgment in favor of Kevin Costner in this breach of contract case and dismissing the claims brought by Peggy Detmers, holding that the circuit court erred in granting summary judgment for Costner.
Costner commissioned Detmers to create sculptures of buffalo and Lakota warriors to display at a luxury resort called The Dunbar that Costner planned to build on his property. A court later found that the parties had agreed to permanently display the sculptures at Tatanka, another project Costner developed. In 2021, Detmers sued Costner again, alleging that Costner's online real estate listing for the Tatanka property constituted an anticipatory breach of the agreement permanently to display the sculptures at Tatanka. The circuit court granted summary judgment for Costner. The Supreme Court reversed in part, holding that the circuit court (1) erred in holding that Detmers' claims were barred by the doctrine of res judicata; (2) erred in its conclusion that Costner had no remaining obligation under the agreement after the parties agreed to display the sculptures at Tatanka; and (3) properly denied Detmers' motion for summary judgment on her claim for anticipatory repudiation by Costner.
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