The Hollywood superstar paid Peggy Detmers $300,000 to make the sculpture in the 1990s for a resort he planned in South Dakota’s Black Hills. The resort was never built, and he instead placed the sculpture at his Tatanka attraction near Deadwood.

A lower court judge ruled last summer that the alternative placement did not constitute a breach of contract. Costner’s lawyer, Kyle Wiese, on Monday asked the South Dakota Supreme Court to affirm that decision.

Costner filmed much of his Academy-Award-winning movie “Dances with Wolves” in South Dakota.