of article III, section 51 of the Missouri Constitution. Even had this argument been made as a part of Plaintiffs’ first point on appeal, the argument would not have been preserved. Plaintiffs did not allege a violation of article III, section 51 of the Missouri Constitution at the earliest' opportunity. “To properly raise a constitutional challenge, a party must: [inter alia] (1) raise the constitutional question at the first opportunity ...." Peters v. Johns, 489 S.W.3d 262, 269 (Mo.banc 2016), “This rule is intended to prevent surprise to the opposing party and to accord the circuit court an opportunity to fairly identify and rule on the issue.” Id. Because Plaintiffs failed to raise a claimed violation of article III, section 51 “at the earliest opportunity, it is waived.” Id. (<HOLDING>). Third, even if a violation of the “purpose”
holding issue not raised in the bankruptcy court was waived on appeal holding that arguments not raised in district court are waived holding that an issue not raised on appeal is waived holding an issue not raised in the bankruptcy court was waived on appeal holding that equal protection challenge not raised in plaintiffs pleadings was waived notwithstanding the accelerated timetable on which these election cases are decided