Fort Collins, Colo. (AP) The city of Fort Collins is refusing to pay a claim for more than $200,000 for letting marijuana plants die after they were seized in a medical-marijuana case.

Police confiscated 39 plants from Jim and Lisa Masters in 2006, but they were returned after a judge ruled the couple qualified as medical-marijuana growers, even though they had not completed the required paper work.

The Masterses say their plants were dead when they got the back, so they filed a claim with the city.

Police say they weren't required to keep them alive because the couple didn't have permits.

The couple's attorney, Brian Vicente, said Thursday they will probably file a civil suit in state court in hopes of forcing the city to pay.