You don't have private property rights when you purchase an NBA team.
When this goes to court, the Contract and NBA League Agreement that Sterling was required to sign when he purchased the Clippers will be examined by the Courts.
If the courts find that Sterling violated the contract or league agreement, they'll likely uphold the fine imposed and demand for sale also.
If the courts find that Sterling did NOT violate the contract or league agreement then Commisioner Silver and the rest of the League Owners are going to be in quite a pickle aren't they?
Then again, so will Sterling. He'll either run that team into the ground via diminishing sale price and a team no one wants to play for, or he'll cut his personal/emotional losses and sell the team for 800+ million dollars.
NBA teams are not private property. Each owner had to sign a league agreement which specifies terms of ownership of the team. If those terms of ownership are violated, the league does have it in its power to fine an owner and force sale.
That's one of the "costs" of being an NBA owner.
“If those terms of ownership are violated, the league does have it in its power to fine an owner and force sale.”
True as long as the contract rules are enforced consistently by the organization. However, if Sterling can prove the NBA selectively enforces its contract terms, he may have a valid claim they cannot enforce the terms on him.
It may also be Sterling is simply trying to use the threat of litigation to get a higher price when he sells the team and possibly get his fine reduced or eliminated. Perhaps Silver will be back in front of the cameras in a couple of weeks announcing Sterling has agreed to sell the team for an undisclosed sum to a consortium of owners. At the same time, they quietly forgive the fine. Sterling knows the NBA wants to get this behind them. Time is on Sterling’s side, as long as he doesn’t die before the drama plays out.
The problem is that the powers vested in the Commissioner are so broadly defined that there is no way Sterling can prove that Silver exceeded his authority. The NBA Constitution says that the Commissioner can punish an owner for any actions not covered by any of the listed punishments, and which the Commissioner believes was not in the best interests of the NBA. The sole judge of that is the Commissioner himself. Silver can say that because of Sterlings actions the NBA was faced with loss of revenue, loss of the playoffs, and player dissention. And that those actions were not in the best interests of the NBA. How do you prove him wrong? You can't, so the fine and the banning will be upheld in court.