District Court Judge Jason Woodbury entered a formal written order denying Repin's motion for summary judgment, finding that Defendants established a prescriptive easement, but leaving the easement's scope, boundaries, and nature, citing genuine issues of material fact warranting further factual determination. Repin responded with a petition for writ of mandamus, which the Court of Appeals declined to consider.

Luke Busby, on behalf of his client, Robert A. Repin, filed a verified complaint seeking to quiet title a property known as the Agassiz Lode. Repin alleged fee-simple ownership, including surface rights and access, and accused Storey County and the Comstock Cemetery Foundation of asserting adverse interests and urged the court to confirm his title and grant related declaratory relief. Repin also recorded a lis pendens. Storey County and Comstock Cemetery Foundation answered, admitting some jurisdictional and ownership facts while denying that Repin holds all surface rights and access to the Agassiz Lode. Defendants counterclaimed that historic use of the Silver Terrace Cemetery and an east-west road created an enforceable interest in the property, and they asked the court to recognize an easement protecting the cemetery and road. Repin replied, acknowledging limited, nonexclusive prescriptive uses for cemetery purposes and road access but disputed any comprehensive easement that would exclude him from the Agassiz Lode. Parties filed summary judgment motions, which District Court Judge Jason Woodbury scheduled a hearing on; and, granted Our Nevada Judges, Inc.'s request to provide electronic coverage of.