When Boo, a 6-week-old black Labrador, died a week after being adopted, owner Michelle Colonna reported the death, consoled her grieving family and moved on.

Not so fast, said the shelter that sold her the puppy: Boo hasn't been spayed.The Animal Assistance League of Chesapeake has sued Colonna and her husband for breach of contract, saying the couple promised to have Boo fixed.

"It's so obvious that we can't spay a dog that is dead," Michelle Colonna, 29, said Wednesday. The couple asked a judge to dismiss the case.

In May, the Colonnas received a letter from the shelter reminding them of their obligation to spay the dog at sexual maturity. Colon-na said she didn't respond, assuming the letter was a mistake because she had called the shelter when the dog died in October.

League officials say they sued after the Colonnas failed to provide written verification that the dog had died. Now that the shelter has received the dog's death certificate, officials say they are no longer seeking the $150 fine.

But they still want to recoup $130 in attorney and court fees.