Ostly

On December 21, 1971, John E. Miller and his wife petitioned the superior court for a writ of mandate to compel Harold J. Ostly, the Tax Collector of Los Angeles County, to honor a release of lien, which had been issued by the City of Rosemead, on real property owned by them. The petition alleges that the Millers owned a parcel of land which had been assessed for the construction of improvements made under chapter 27 of the 1911 Improvement Act in the amount of $264.33; a notice of hen had been recorded on November 28, 1969; Ostly notified the petitioners that the amount of the second half of their 1970 real property tax due the county was $319.69, of which $264.33 purportedly represented “repairs” and which was the subject of the notice of lien recorded November 28, 1969; prior to the delinquency of the second half of their 1970 taxes, petitioners presented to Ostly a photocopy of a release of lien, which released and discharged the lien for the assessment for the construc tion of improvements; this release of lien was acknowledged by the City of Rosemead and attested to by a notary public; petitioners, on April 10, 1971, presented to Ostly a $55.36 check for the…