dissenting with separate opinion.
While I agree with the majority’s statement of the general principles of law applicable to this case, I disagree with their application to what was for all intents and purposes a secret condition imposed upon Schroeder’s use of his property. I there-fore dissent in part as follows.
The majority has substantially stated the facts as found by the trial court and sustained by the evidence, except it failed to point out that after the Commission *757moved to vacate the compliance hearing in May, 1996, asserting that Schroeder was in substantial compliance with applicable zoning ordinances, and the case was deemed disposed of by the court, Schroeder expended substantial monies on the improvement of the property.
The facts found established that Schroeder had no actual knowledge of the terms of the variance; the variance was never recorded and was not revealed in the title search; direct inquiry to the Commission resulted in Schroeder being told there was no variance affecting his use;9 despite numerous visits by the zoning inspector when cars were parked outside, the only action prior to December, 1997, concerned the use of barbed wire and resulted in the substantial compliance dismissal; and even the attachment of the variance on the “obscured second page” of the “relevant” variance map did not disclose the variance condition. Moreover, the facts found sustain the court’s finding that the Commissions actions and inactions misled Schroeder.
I agree with the majority that laches is not available as a defense against the government. See, Hannon v. Met. Dev. Comm. 685 N.E.2d 1075, 1080 (Ind.Ct.App.1997).
On the other hand, the majority recognizes that equitable estoppel may apply if the party asserting the estoppel acted in reliance upon affirmative action taken by the government and if the public interest would be threatened by the government’s conduct. The court in Hannon said the same thing. 685 N.E.2d at 1080.
Here it cannot seriously be doubted that Schroeder acted to his detriment in reliance upon the Commission’s affirmative actions. The majority, however, summarily determines that no threat to public interest is posed by enforcement. I disagree. The fundamental distinction that I find between this case and the host of zoning cases that refuse to apply equitable estoppel is that this case involves not the government’s application of a duly enacted zoning ordinance, but its attempted application of conditions imposed in what to all intents and purposes amounts to an undiscovered and undiscoverable variance granted to the terms of a zoning ordinance. I would venture to say that there is substantial public interest in requiring government to make readily available to owners of private property any governmental restrictions on the use of that property, and conversely, there is substantial public interest in preventing government from using secret restrictions to punish landowners and deny them otherwise proper uses of their land.10 Accordingly, I would find the Commission equitably es-topped from asserting the one car limitation contained in the variance.
My reasoning, however, does not preclude enforcement of the limitation imposed in' the zoning ordinance, itself. That is, the limitation against storing inoperable, damaged or wrecked vehicles, other than those awaiting immediate repair. Schroeder was bound to know of these restrictions as they were available to all.
I concur in the majority’s disposition of the other legal issues presented.
I would therefore affirm the trial court’s determination that the one car limitation imposed in the variance cannot be applied to Schroeder and would otherwise reverse *758and remand for such further proceedings as may be necessary.
. Interestingly enough only the Commissions’ letter to the prior owners’ attorney referred to the property as located at 4989 S. Meridian St. Schroeder knew it only by its commonly known address as 50 E. Thompson Rd. The petition for the variance had stated its location as the northeast corner of the intersection of State Road 135 and Thompson Road.
. I do not imply that in this case the government intentionally hid the condition. Instead, it appears likely that the conditions were so hidden from view that the government agents did not know of them either. Such lack of intent does not alter the public interest ques- • tion.