Documents recently obtained by The Crimson indicate that Harvard has been named as a defendant in the lawsuit filed by the restaurant Up Stairs at the Pudding, which is seeking to remain in its current location in the Hasty Pudding building.

The owners of Up Stairs at the Pudding filed suit Sept. 1 asking the court to declare that the restaurant can remain in its present location, says the restaurant's attorney, William I. Cowin.

The suit, which threatens to delay Harvard's plans to take over and renovate the building, names three trustees of the Institute of 1770, which is the current owner of the Hasty Pudding building and the umbrella organization for the Hasty Pudding Theatricals and Social Club.

It also names as defendants David P. Ries '60 and Alexander A. Randall, trustees of the Holyoke Street Nominee Trust. The trust purchased the land on which the Hasty Pudding Building sits for $542,978.10 in 1986 and transferred ownership of the land to Harvard last year.

According to a 1999 deed filed with the court, Harvard is the principal beneficiary of the trust, meaning the trustees act as agents of the University.

The restaurant's owners, Mary Catherine Deibel and Deborah Hughes, have said that their lease expired at the beginning of September, but that they exercised their option to renew the lease. The Institute of 1770 has maintained that the restaurant does not have the right to renew its lease because the restaurant has been in arrears on its rent payments.

The lawsuit does not seek monetary damages from Harvard or the institute.

While the legal wrangling with the Pudding building is just beginning, negotiations between Harvard and the institute about the transfer of ownership have all but come to a halt.

"The main issue is this litigation. Until this is done, there's not much else we can do," says David P. Illingworth '71, associate dean of Harvard College. "There's nothing to negotiate about."

Illingworth says the College may have to postpone renovations of the Pudding building that were expected to start this coming May.

"As the weeks tick on, I continue to be worried that the whole schedule might get off. We'd have to engage a contractor pretty soon, if we want him for May," says Illingworth.

G. Pebble Gifford, president of the Harvard Square Defense Fund, said her community advocacy group would like to see the restaurant remain in its current location.

"It's one of the nicer public spaces in the Square, it's a little bit of Harvard, and we'd like to see the public still have access to it," Gifford said.

"The restaurant is unusual, unique and particular to Harvard Square," Gifford said. "I go there two times a year and consider it a treat."

Illingworth said he just wants to get started on turning the Pudding building into a space that all undergraduates can use.

"I'm a little worried. I'd rather not see this drag on for another year. This is turning out to be much more complicated than we had hoped to be," he said.

Ries and Randall's attorney, Richard Oetheimer, declined to comment yesterday on the Holyoke Street Trust. The Institute of 1770's attorney, Maureen E. Curran also declined to comment on the lawsuit.

Curran said she accepted service of the suit on Sept. 15 on behalf of her clients, and their response is due on Oct. 5.

University Spokesperson Joe Wrinn said last week that the University will be involved in the lawsuit involving the trust but declined to comment on the nature of their involvement.

"General Counsel is always involved in matters concerning lawsuits and land purchases," he said.