Dances with Lawyers, Tatanka is Elsewhere
Writing for the court, Chief Justice David Gilbertson affirmed the trial court’s finding in Costner’s favor.
“The circuit court did not err or make any clearly erroneous factual findings in determining that the sculptures are ‘agreeably displayed elsewhere,’ in the absence of a guarantee from Costner that The Dunbar would be built,” Gilbertson wrote. “Furthermore, the circuit court did not err in concluding that Tatanka was ‘elsewhere’ under the language of the contract.”
Gilbertson disagreed with Detmers argument that she only agreed to the location of the sculptures at Tatanka because she had been promised or guaranteed that The Dunbar would still be built.
“Detmers cannot point to anything in the record supporting this assertion other than her own testimony,” Gilbertson wrote. “The circuit court found that Detmers was never promised or guaranteed that the Dunbar would be built. Costner maintained throughout this suit that he continues to attempt to build The Dunbar, but cannot promise it will happen. Detmers has not shown any findings to be clearly erroneous.”
The court also disagreed with her distinction that “elsewhere” under the contract must be somewhere other than the resort’s proposed site, which is now home to Tatanka.