[1] An analysis of satellite and aerial photos shows that over time, the segmented sandbar islands continuously move location, sink and reform, shaped and overwashed by tides and storms.
The location and shape of any sandbar island on the shoal may differ from that shown on navigational charts.
[1][3] However, in his lifetime, Mr. Gardiner never made such claim, and to the contrary, stated that the shoal was public property.
The Goelets assert their original 17th Century deed grants them everywhere "an Ox can wade without getting its belly wet.
Judge Steven Tekulsky dismissed the case in April 2020, noting that the charging documents failed to establish that anyone owned Cartwright Shoal, and failed to show that anyone had any authority to prevent Mr. Richardson from walking on the sandbar.