Richard Alpert, assistant professor of Clinical Psychology, has appealed a suit brought against him last December by the City of Newton for housing 12 adults and children in his one-family dwelling.

Alpert maintained that the 12 live together as one "housekeeping unit" and therefore do not violate the Newton housing code.

Among the occupants of Alpert's home are Timothy F. Leary, lecturer on Clinical Psychology, several unidentified married couples (reportedly students in the Harvard graduate school), and four children, ranging in age from under a year to 15 years.

Leary and Alpert have received a great deal of publicity recently for their controversial work with psilocybin.

Residents of Kenwood Avenue have voiced numerous complaints about the conduct of Alpert's "family unit." One neighbor stated that there are "15 cars coming and going at 2 and 3 a.m." and "wild traffic up and down all night."

The neighbors brought the matter to the attention of the building commissioner of Newton. He investigated the complaint and subsequently sent a notice to Alpert informing him of his violation of the zoning laws and advising him not to use the building as a multi-family dwelling.

Alpert and his nephew, attorney George Alpert, admitted that the family is not one "related by blood or law," but based their appeal on the fact that "family unit" is left undefined in Newton's zoning code. Citing cases in other states where groups of people living communally were "family units," Alpert stressed that he and his friends formed "one housekeeping group" and should be considered a unit.

Marvin Milton, who represents Alpert's neighbors, stated that it would be legal for the Alpert retinue to stay in the home as "an association of persons living in a common dwelling" with the approval by the Council of Aldermen of Newton. Milton strongly doubted that the council would ever grant this approval, however. Predicting "we will win the war ultimately," Milton said he expected Alpert to appeal the case again if it is decided against him.

By making successive appeals Alpert could keep the case in the courts for as long as three years. During this period he and his companions could continue residence at 31 Kenwood Avenue.

The only other way the neighbors might try to oust Alpert from his home is to bring suit against him as a nuisance.