Maybe we are miscommunicating and misunderstanding one another. Basilli would have to prove the hypothetical that the team would be worth more than $175 mil., and significantly more to make it worth his while to sue, to win. I just do not see any markets worth that much more that do not have a hockey team in them. And that is assuming that there are no poison pill clauses in the contract such as exculpatory clauses that would get the Pens off the hook for that hypothetical difference. Just an unlikely lawsuit to be successful. Too many hurdles that defy common sense.
We disagree because, as you've stated, you think the team would not be worth more than $175M, if it was allowed to move. I think that is false, and, judging by the behaviour of the prospective owners, there appears to be more people interested in moving the team, than keeping the team where it is.
If the team ultimately sells for an amount greater than $175M, and moves, then, it doesn't need to be a hypothetical. If the team moves, and a credible business valuation is done, that shows the value of the team, in its new market, as being greater than $175, then, Balsillie can argue that valuation in front of a judge. If the team stays where it is, especially after Mario does explore the option of moving the team, then, Balsillie won't have much of a case, outside of his deposit. He could still argue that the team would have been worth more to him in that new market, but, the league/Penguins case would be strong that if there was money to be made in moving, Mario would have moved it.