SD Supreme Court traveling session comes to SDSU

Published: Mar. 22, 2023 at 8:54 AM CDT
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BROOKINGS, S.D. (Dakota News Now) - South Dakota State University and the School of American and Global Studies are hosting the South Dakota Supreme Court this week for its March 2023 Term of Court.

The justices are on campus Tuesday through Thursday for the court’s spring traveling session, with most public events taking place at the Oscar Larson Performing Arts Center, 1601 University Boulevard, Brookings.

On Wednesday and Thursday, the court will hold oral arguments in the Performing Arts Center’s Larson Memorial Concert Hall, from 9 a.m. to noon both days. The arguments are open to the public, and those who attend must pass through a security screening.

One case of note involves sculpture artist Peggy Detmers, who filed a suit after Kevin Costner listed his visitation center property for sale near Deadwood, where the sculpture resides. A portion of the artist’s income is to come from royalties and Costner’s plans to move the sculpture off the property is allegedly against their agreement.

Another case, Bracken v. DLR, argues that a woman who received CARES Act funding during the height of the pandemic was deserving for the $14,000 she received, but was later told by the state that she didn’t qualify and needed to return it.

Bracken’s attorney believes she is due the funding.

“And specifically there was criteria for people that are self-employed, which is normally not used in an unemployment situation,” said Eric Schulte, Bracken’s attorney. “Congress said we’re throwing a financial lifeline to people such as Miss Bracken that are self employed if they have a significant diminution.”

Detmers v. Costner case:
Bracken v. DLR case:

The court will hear oral arguments in four cases both days. The schedule of arguments is as follows:


• 9 a.m. Detmers v. Costner

• 9:45 a.m. State v. Foshay

• 10:30 a.m. Bracken v. DLR

• 11:15 a.m. Estate of Beadle


• 9 a.m. State v. Smith

• 9:45 a.m. Estate of Simon

• 10:30 a.m. State v. Banks

• 11:15 a.m. Implicated individual