A Texas appeals court has affirmed a lower court decision that nine chimpanzees and monkeys that were brought to the Primarily Primates sanctuary in 2006 don't have a legal right to sue.

People for the Ethical Treatment of Animals had sought to gain legal standing for the primates transferred from Ohio State University to the sanctuary after they were retired.

PETA alleged that the sanctuary conditions were substandard and that it would be best for the seven chimps and two monkeys to be moved to another sanctuary.

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The animals were later moved to the Chimp Haven sanctuary in Louisiana after the Texas attorney general placed Primarily Primates in receivership for six months. Primarily Primates, which has since restructured its board, is suing to have the animals returned.

The 4th Court of Appeals on Wednesday affirmed the lower court decision dismissing the case in September 2006.

PETA said it was considering whether to appeal.

"The receiver's report of the substandard facilities at Primarily Primates, Inc. (PPI), described horrific conditions for the animals there, from which some of the animals were saved as a result of litigation," PETA said in a statement.

Priscilla Feral, chairwoman of a restructured Primarily Primates board, applauded the ruling.

"We are glad that this wrong-headed lawsuit which PETA filed against a sanctuary is finally over and we can get on with bettering the lives of each and every animal under our care," she said.