Gary Binning, a rancher in Wyoming, lost a federal appeal on April 15, 2026, when the Tenth Circuit struck down his bid to erect a second dwelling on his 500‑acre conservation easement.
The easement, put in place to safeguard the area between the Snake River and Grand Teton National Park, permitted only one single‑family residential structure per parcel. A 2023 Wyoming Supreme Court ruling clarified that associated improvements could not constitute an additional dwelling, sealing the legal path for The Nature Conservancy.
Binning contended that TNC’s state director, Hayley Mortimer, had orally agreed—during a lunch in Jackson—that a kitchen‑less ‘wellness centre’ could be built if it was not called a guest house. Mortimer, however, denied making any promise, stating she had only offered guidance pending legal review.
The case hinged on whether this lunch constituted a clear, enforceable promise. The Tenth Circuit held that the remarks were conditional, lacked definitive language, and that Binning’s prolonged litigation had already cast doubt on reliance. In its 30‑page opinion, the court reaffirmed the district court’s decision in favor of TNC.
With the appeal denied, Binning faces a stark choice: abandon the project or seek alternative development routes that align with the easement’s single‑family rule. Meanwhile, the ranch’s four‑room ‘wellness centre’—which would have offered overnight guests—remains on hold, leaving the local community uncertain about future use of the property.