(concurring).
I fully concur with the discussion of the issues under article X, section 8 of the Utah Constitution and Utah Code Ann. § 53-6-20 (Supp.1987). Although I reach the same result, I do not believe that the claim raised under article I, section 7 of the Utah Constitution is adequately addressed.1
The main opinion seems to suggest that it is purely discretionary with this court as to whether we will address an issue raised for the first time on appeal. In the interest of predictability, accountability, and fairness, I believe that the court should employ a more disciplined approach.
The general rule is, of course, that issues raised for the first time on appeal are not properly brought and will not be considered. Wheeler ex rel. Wheeler v. Mann, 763 P.2d 758, 761 (Utah 1988); see also James v. Preston, 746 P.2d 799, 801 (Utah Ct.App.1987). This general rule applies even to constitutional issues, except where (1) a person’s liberty is at stake, State v. Breckenridge, 688 P.2d 440, 443 (Utah *4161983); Pratt v. City Council of Riverton, 639 P.2d 172, 174 (Utah 1981), and (2) exceptional circumstances are present, Jolivet v. Cook, 784 P.2d 1148, 1151 (Utah 1989), cert. denied, — U.S. —, 110 S.Ct. 751, 107 L.Ed.2d 767 (1990).
Appellants have claimed that the school board’s action deprived them of their liberty to choose which public school their children will attend. I do not believe that appellants’ liberty is at stake in this case. See Logan City School District v. Kowallis, 94 Utah 342, 77 P.2d 348, 351 (1938) (there is no requirement that every school building be open to every child). For this reason, I would decline to address the constitutional due process issue that has been raised for the first time on appeal. See State in re N.H.B., 777 P.2d 487, 492 (Utah Ct.App.1989).
HOWE, Associate C.J., does not participate herein; BENCH, Court of Appeals Judge, sat.. Article I, section 7 of the Utah Constitution provides: "No person shall be deprived of life, liberty or property, without due process of law.”