A Middlesex Superior Court judge has issued a temporary restraining order to block Harvard's plans for building a 60-foot-long fence, which would keep a Cambridge couple from parking their car in an alleyway next to their home.
Estaban G. and Valentine P. Ugali, owners of property at 96 Prescott St., sought the court order last week, contending that they have established the right to use part of some Harvard-owned land at 94 Prescott St. through long-term usage.
The Ugali's have been parking their car in the passageway adjacent to their home to keep it off the street. In July, 1959, Harvard bought real estate at 94 Prescott St., which includes the passageway, and has been using the building on the property for offices.
According to the Ugalis. Harvard posted a "No Trespassing" sign in the middle of the alleyway on Nov. 15, 1971.
Middlesex Superior Court Judge Frank W. Tomasello last week issued a restraining order to halt the construction of the fence until a judicial ruling is made on the right of usage of the passageway.
Daniel Steiner '54, general counsel to the University, said yesterday that Harvard was served with the restraining order in the middle of last week.
"The situation as I understand it was that the driveway was used both by these owners (the Ugalis), and the owners of the Harvard property," Steiner said. "We had planned to put some plantings there."
Steiner added that the matter had since been turned over to the law firm of Ropes and Gray.