(concurring specially).
This is a complex and difficult case. In my judgment there is merit to the plaintiffs’ claims of economic injury as found by the District Judge. Unfortunately for plaintiffs, however, both the applicable statutes and the case law require decision of the merits of those claims before the legislative body of the City of Cincinnati, and do not allow for the subsequent judicial remedy ordered by the District Judge.
I join the result reached by Judge Weick’s opinion. I also join it in its disposition of plaintiffs’ antitrust appeal and in its disposition of plaintiffs’ claims of city ordinance and state law violations.
I also agree that no appeal procedure from the legislative decisions of the Cincinnati City Council pertaining to the Council’s formulation and adoption of the Urban Renewal Plan was provided by Congress in 42 U.S.C. § 1450 et seq. (1970), and that under the fact posture of this case no appeal is permissible under the terms of the Administrative Procedures Act, 5 U.S.C. §. 702 (1970).
I believe, however, that the findings of fact of the District Judge concerning plaintiffs’ claims of economic injury are not clearly erroneous and that plaintiffs had standing to bring this suit. See Data Processing Service Corp. v. Camp, 379 U.S. 150, 90 S.Ct. 827, 25 L.Ed.2d 184 (1970). In my judgment, however, the proofs do not serve to support the District Judge’s conclusion of violations of plaintiffs’ Fourteenth Amendment rights to due process and equal protection, and hence, this case should have been dismissed under the authority of *947Berman v. Parker, 348 U.S. 20, 75 S.Ct. 98, 99 L.Ed. 27 (1954); United States ex rel. TVA v. Welch, 327 U.S. 546, 66 S.Ct. 715, 90 L.Ed. 843 (1946); Tennessee Electric Power v. TVA, 306 U.S. 118, 59 S.Ct. 366, 83 L.Ed. 543 (1939), and Woodland Market Realty Co. v. City of Cleveland, 426 F.2d 955 (6th Cir. 1970).
As to Foster v. City of Detroit, 405 F.2d 138 (6th Cir. 1968), and Norwalk v. Norwalk Redevelopment Agency, 395 F.2d 920 (2d Cir. 1968), I consider them not controlling for the reasons set forth in footnote 3 to Judge Weiek’s opinion.